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HomeMy WebLinkAbout54538 - AGENDAS - City Commission Packets AGENDA DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, MARCH 20, 2008 - 6:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH,FL 33004,(954)924-6800 ENT.3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING, 1. CALL TO ORDER 2. ROLL CALL 3. ABATEMENT REQUESTS 3.1 Request for abatement for Robert R. Krilich or Donna Krilich, for lot mowing and/or debris removal for Folio #0233-39-0010, Folio #0233-09-0010, Folio 90233-48-0012, and Folio #0233-48-0020 3.2 Request for abatement for Christine Taylor Est % Jacqueline L Kurland, Case #03- 5807, for property located at 31 NW 14`h Court (#0233-13-0130) 3.3 Request for abatement for Christine Taylor, Case #05-1410, for a vacant lot E of 1481 W Dania Beach Boulevard (#0233-13-0030) 3.4 Request for abatement for Adolfo E. Berrios & Zoja Fahmy, Case #05-0613, for property located at 43 SE 10'h Terrace (#1203-13-0360) 3.5 Request for abatement for Robert R. Spiece, Jr., Case #05-1572, for property located at 105 SW I" Court (90234-01-3621) 3.6 Request for abatement for Lois L. Strickland, Case 906-0200, for property located at 206 NW 5`h Avenue (40234-01-0310) Dania Beach City Commission Agenda- Abatement Hearing March 20, 2008 —6:00 p.m. Page 2 of 2 3.7 Request for abatement for Realassist Holding Inc., Case #06-0862, for property located at 5900 SW 25`h Avenue (#0232-25-0050) 3.8 Request for abatement for Realassist Holding Inc., Case #06-1099, for property located at 2500 SW 58`h Manor(#0232-25-0010) 3.9 Request for abatement for Yacob Thaller, Case #06-1006, for property located at 5813 SW 24`h Avenue (#0232-19-0040) 3.10 Request for abatement for Urzule & Nesly Bonny, Case #06-1443, for property located at 721 SW 3rd Place (#1203-36-0440) 3.11 Request for abatement for Urzule & Nesly Bonny, Case #06-1444, for property located at 713 SW 3rd Place (#1203-36-0451) 3.12 Request for abatement for Cuba Land Trust, Case #06-1575, for property located at 60 SW 15`h Street (#1203-10-5770) 3.13 Request for abatement for Front Water Investments, LLC, Case #07-0103, for property located at 4607 SW 44`h Avenue (#0125-28-0020) 4. ADJOURNMENT JAN-21-08 MON 04: 1B PM FAX NO. P. 02 .0 3 . Morgan, Olsen & Olsen, LLF ATTORNEYS AT LAW Walter L. Morgan 633 S. Federal Highway, Suite 400A Gregory G. Olsen Fort Lauderdale, Florida 33301 Mark C, Olsen (954) 524-3111 Brian D. Gottlieb FAX (954) 463-3570 January 21, 2008 VIA E-Mail banton CaNi.bukl be lch.fLU and Regular U.S. Mail Robert Anton, Mayor City of Dania Beach 100 W, Dania Beach Boulevard Dania Beach, FL 33004 Re: Robert R. Krilich or Donna Krilich(Folio #0233 39 0010, 0233 09 0010, 0233 45 0012, and 0233 45 0020) Dear Mayor Anton, This office represents the owners of the above-referenced properties. The owners, Robert R. Krilich and Donna Krilich hereby request that each of the liens previously filed by the City of Dania Beach, as listed below, be abated due to extenuating circumstances; and that this request be placed on the next available Agenda(March,2008) for hearing. Lien recorded 2/8/07 in O.R. Book 43569/1112 ($5,923.66; Folio 40233 39 0010) Lien recorded 8/8/07 in O.R. Book 44444/1007 ($214.00; Folio #0233 09 0010) N �� Z Lien recorded 10/10/07 in O.R. Book 44702/667 ($147.16; Folio #0233 45 0012) <- C233 Lien recorded 10/10/07 in O,R. Book 44702/668 ($147,16; Folio 0233 45 0020) e_- t^z3 3 40. r)'Ze Lien recorded 10/10/07 in O.R. Book 44702/670 ($4,098.48; Folio #0233 39 0010) Thank you for your consideration. Sincerely, Walter L. Morgan For the Firm (signed in my absence to avoid delay) cc: Louise Stilson, City Clerk Kathryn Florentine, Dania Beach (via fax 954-923-1109) ¥ 7 ® ) w m0 § k § k LU . acc _ LU k k co LU 0) LU k LU Lum $ ) - ( o ! , a ` L) ; co 0 § & aim 0 » ) Eke - z ] � § E /` _ ! ,! { Q § IL ( 2 �_ Co ( zCcE0 \ 2 � § \ } ° � �e ; z2 - '2 ; 2pIn ) r- 0zz -i ] § aZ 22 § 2 / - � . 5m ¥ x « � « § LLI z � � \ } \ kk ) k Z � > E ° ° ° W ° - § ° � ! ° © � ( ; _ w w w o ; � o � c g - § anal :1 U) § k � / 0 kk � G \, (■ § § Sf $ ` % k § � 2 � 2 \ w1�3 .. § 2 � � ) \ _ 2 } k § ) � o « � ` ~ k % ® E ■ - - e - w ! 3 ° � = _ , � § § § 2 S - « \ ) (t § # § W O 04 Q pa 0 0 > o � N in f+Mi4 QY m LL W m m @ mm no j 'm N N O N O W N N O � � Q � � IL p w O a U uW)i W m a `a C0 w x z H n O C) co O w K p O 9 M O a' LL � O N O W r. 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O � N OQOQa YO Y > Z a m UaQaQ 3 rCD ° a w W O p Q w � w BEAN a) yey � .- O Q � a « m Z -i (DO F- cNCV m = w O F 0O JQ 0 - E itV ¢ w CLAIM OF LIEN INSTR N 6816478 OR BK 43535fi9 Pages 1112-1112 THE CITY OF DANIA BEACH, FLORIDA, a municipal RECORDED 0008107 08:50:00BROwARO COUNT'(COMMISVON corporation organized and existing under the laws of the State OEPUw c�ERK 1� of Florida,on January 10,2007 05,1 Pages LOT MOWING AND/OR DEBRIS REMOVAL services to the above described property located in the City of Dania Beach, Broward County, Florida,and the amount of charges for same as shown hereinafter is due and owing the City of Dania Beach,Florida on the real property described as follows: OWNER: KRILICH,ROBERT R FOLIO: 023339 0010 LEGAL: DUKE 8:DUKE SUBDIVISION124.48 BPARCEL A N 665.12 AMOUNT: $5,923.66 with interest thereon at the rate of twelve percent(12%)per annum from 1125/2007 the date for interest to begin as shown in your statement for such services,to the date of payment of the amounts due. The City of Dania Beach, Florida,claims a lien for the above amount,as provided for in Section 13-32, Article 11, Chapter 13 of the Code of Ordinances of the City of Dania Beach, Florida, Witnesses: CITY OF DANIA BEACH 1 Patricia Varney, Finance Director SWORN TO AND SUBSCRIBED before me this 514 day of ._P ,,- 2007 Patricia Varney is personally known tome. NOTARY PUBLIC PREPARED BY AND RETURN TO: Patricia Varney,Finance Director CITY OF DANIA BEACH `Q µ" •.,. $WON PRENIICE P.O. BOX 1708 44 Nofory PuhMo-Stole ar Florida DANIA BEACH, FLORIDA 33004 r'�'CaMtlle QrhP a/Mor9.20C7 'q,�^ 3' Commbebn p DD191004 Bonded 6y NOMornl NoraryAun. CITY OF DANIA BEACH =' Department of Public Services y PO BOX 1708 DANIA BEACH, FL 33004 -"—•"` (954) 924-3742 June 12, 2006 KRILICH,ROBERT R CERTIFIED MAIL 1000 RENAISSANCE BLVD RETURN RECEIPT REQUESTED CERTM 7003 1010 0004 8913 7501 OAKBROOK TERRACE IL 60181.4295 LOT: 714 LEGAL DESCRIPTION: DUKE & DUKE SUBDIVISION124-48 BPARCEL A N 665.12 FOLIO: 0233 39 0010 LOCATION: W OF 151 SW 18 CT Dear Property Owner: Pursuant to Section 13-32, Article II of Chapter 13, of the Code of Ordinances of the City of Dania Beach, Florida,you are hereby notified that you are in violation of said section by having excessive growth and/or trash at the above referenced property located within the City of Dania Beach, Florida. You are hereby further notified that you must have this parcel of land mowed and/or cleared within ten (10) working days from the date of this letter. Failure to respond within this ten day period will result in the city having your property mowed and/or cleared and billing you for all costs which will be calculated as follows: (a) Actual labor costs incurred by the City, based on employee salaries and fringe benefits. (b) Equipment cost calculated utilizing the current FEMA Schedule of Equipment Rates. (c) A 20% administrative fee will be added to the labor and equipment costs. (d) In the event a lien is recorded and a satisfaction of lien is processed when payment is made, charges will be imposed in accordance Section 23-67 of the Code of Ordinances of the City of Dania Beach, Florida In the event the costs are assessed against your property and you fail to pay same within the time specified in your statement, a lien upon your property will be recorded by the City. If you have any questions regarding this matter please contact the Public Services offices at 954 924-3742. Very truly yours, a. - - �Z fl.,Q.,..a.a Dominic Orlando, P.E. Director of Public Services Offiez Uce©nly 200s 0299 A o I.S. • , CERTIFIED MAILT. RECEIPT M1 (Domestic m Er Ir Postage $ _ U3 t certified Fee U O Re turn Reclept Fee ED P�s��k 'p (Endorsement Regelred) N_ -� w O ResMcted Delivery Fee r-a (Endorsemem Required) Q O '� Total Postage&Fees $ r m - n 0 r` KRILICH, ROBERT R TR 1000 RENAISSANCE BLVD OAKBROOK TERRACE, IL 60181-4295 COMPLETESENDER: COMPLETE THIS SECTION- I ■ Complete Items 1,2,and 3.Also complete A Signature - item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addresse so that we can return the card to you. B. R ivso by(Printed N C. Date of Deliver ■ Attach this card to the back of the mailpiece, f_ or on the front if space permits. D. Is delivery address diffe m item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No KRILICH, ROBERT R TR 1000 RENAISSANCE BLVD 3. Ice Type 3ROOKTERRACE, IL60181-4295 Certified Mal ❑Express Mail Registered ❑Return Receipt for Memhantlis O Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes; 003 1010 0004 8913 7501 1 . PS Form 3811,February 2004 Domestic Return Receipt 1025e5-02-M-1e. CITY OF DANIA BEACH Department of Public Services PO BOX 1708 DANIA BEACH, FL 33004 (954) 924-3742 January 15, 2007 INVOICE #2006-0299 KRILICH,ROBERT R CERTIFIED MAIL 1000 RENAISSANCE BLVD RETURN RECEIPT REQUESTED CERT#: 7006 0810 0006 7326 9232 OAKBROOK TERRACE IL 60181-4295 LOT: 714 LEGAL DESCRIPTION: DUKE & DUKE SUBDIVISION124-48 BPARCEL A N 665.12 FOLIO: 0233 39 0010 LOCATION: W OF 151 SW 18 CT Dear Property Owner: Pursuant to the written notice sent to you by certified mail #7003 1010 0004 8913 7501 referenced property was mowed/cleared of trash on 1/10/2007 and in accordance with said notice, the sum of$5,923.66 is due and payable to the City of Dania Beach. Breakdown of Actual Costs Personnel Cost Equipment Cost Administrative Cost Total Charges $2,347.38 $2,589.00 $987.28 $5,923.66 Demand is hereby made that said sum of $5,923.66 be paid to the City of Dania Beach, on or before 1/25/2007. Please remit payment with a copy of this invoice or mail directly to the Finance Department, 100 W Dania Beach Blvd, Dania Beach, FL 33004. In the event that you fail to pay the amount demanded within the time specified, a lien for the full amount of this statement plus lien fees will be imposed upon your property by the City of Dania Beach, Florida and said lien recorded in the public records of Broward County, Florida. Respectfully, � �zflA" Dominic Orlando Director of Public Services ru ru (Domestic Mail Only;No Insurance Coverage Provided) Er ti a M Q M1 Postage 0 Certified Fee 0 Return Receipt Fee g Post mar _ n (Endorsement Required) \•, C3 Restdctetl Delivery Fee �' + rR (Endosemom Required) ,h CCO Total Postage&Fees $ T -n e o 17- Krilich, Robert R C 1000 Renaissance Blvd. Oakbrook Terrace, IL 60181-4295 SECTIONSENDER: COMPLETE THIS OMP ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Address s0 that we can return the card t0 you. B. FI ived by(Printed me) C. Date of Delive ■ Attach this card to the back of the mailplece, a1< 5 e h or on the front if space permits. D. Is delivery address dill t from item 1? Yes 1. Article Addressed to: --- If YES,enter delivery address below: ❑No Krilich, Robert R 1000 Renaissance Blvd. Oakbrook fierce, IL 60181-4295 site Type Ce tifled Mail ❑Express Mail Registered ❑Return Recelpt for Merchandis ❑ Insured Mail Cl C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. 7006 0810 0006 7326 9232 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-15, Parcel Query System Page 1 of 1 Layers l 1 r Highways 1. rV Major Roads r Streets " ry-1 City Limits rr Parcels i r Twn-Rng-Sec rV Aerials(2006) r Aerials(2005) (— Aerials(2004) r Aerials(2002) (— Aerials(2001) (� Aerials(2000) i r Aerials(1999) F r� Aerials(1998) r County Boundary SELECTED PROPERTY-FOLIO:504233390010 ©Copyright 2003 Broward County Property Appraiser http://66.55.51.198/map.asp?cmd=REFRESH&size=M&tool=ZOOMOUT&folio=504233... 8/31/2006 City Lot #714 - Folio #0233 39 0010 - City Lot #714 - Folio #0233 39 0010 - S i k . 1 i Y. Kyi b m r� x f City Lot #714 - Folio #0233 39 0010 - City Lot #714 - Folio #0233 39 0010 - f y ✓ a S li s sC ry. y)jE5 LF t City Lot #714 - Folio #0233 39 0010 - City Lot #714 - Folio #0233 39 0010 - s4 Ac t v✓ i� .S a< �n fr �. k 1 Ft u. ` die ��o th �,t ha " `"� �yr � Cc -.•e,. "s'�y °? � .. � S z+ City Lot #714 - Folio #0233 39 0010 - City Lot #714 - Folio #0233 39 0010 - v; ?J +y: `n t d' 4' 1. City Lot #714 - Folio #0233 39 0010 - City Lot #714 - Folio #0233 39 0010 - AF T {S { }T f y t 1 Xe 't City Lot #714 - Folio #0233 39 0010 - City Lot #714 - Folio #0233 39 0010 - f } tv X >. h fi t+T ' 4 # vi c« Lot pk - Folio m233 m mm - . CLAIM OF LIEN OR BK 4477023 Pages 670-670 RECORDED 10/10/07 16:16:37 BROWARD COUNTY COMMISSION DEPUTY CLERK 1012 THE CITY OF DANIA BEACH, FLORIDA, a municipal #5, 1 Pages corporation organized and existing under the laws of the State of Florida,on July 03, 2007 LOT MOWING AND / OR DEBRIS REMOVAL services to the above described property located in the City of Dania Beach, Broward County, Florida, and the amount of charges for same as shown hereinafter is due and owing the City of Dania Beach, Florida on the real property described as follows: OWNER: KRILICH,ROBERT R FOLIO: 0233 39 0010 LEGAL: DUKE & DUKE SUBDIVISION124-48 BPARCEL A N 665.12 AMOUNT: $4,099.49 with interest thereon at the rate of twelve percent(12%) per annum from 7/29/2007 the date for interest to begin as shown in your statement for such services,to the date of payment of the amounts due. The City of Dania Beach, Florida, claims a lien for the above amount, as provided for in Section 13-32, Article ll, Chapter 13 of the Code of Ordinances of the City of Dania Beach, Florida. Witnesses: CITY OF DANIA BEACH Patricia Varney, Finance Director SWORN TO AND SUBSCRIBED before me this Y dayof u ti , 2007 Patricia Varney is personally known to me. NOTARY PUBLIC PREPARED BY AND RETURN TO: Patricia Varney, Finance Director SHARONPRUME CITY OF DANIA BEACH f, •,"' ,; MY COMMISSION#DD 652637 P.O. BOX 1708 +� EXPIRES:May 9.2011 DANIA BEACH, FLORIDA 33004 Pr ammo IM WIM PUNO UrA rwftA CITY OF DANIA BEACH Department of Public Services PO BOX 1708 DANIA BEACH, FL 33004 41_ (954) 924-3742 May 23, 2007 KRILICH,ROBERT R CERTIFIED MAIL 1000 RENAISSANCE BLVD RETURN RECEIPT REQUESTED CERT#: 7005 3110 0003 9438 4350 OAKBROOK TERRACE IL 60181-4295 LOT: 714 LEGAL DESCRIPTION: DUKE & DUKE SUBDIVISION124-48 BPARCEL A N 665.12 FOLIO: 0233 39 0010 LOCATION: W OF 151 SW 18 CT Dear Property Owner Pursuant to Section 13-32, Article II of Chapter 13, of the Code of Ordinances of the City of Dania Beach, Florida, you are hereby notified that you are in violation of said section by having excessive growth and/or trash at the above referenced property located within the City of Dania Beach, Florida. You are hereby further notified that you must have this parcel of land mowed and/or cleared within ten (10) working days from the date of this letter. Failure to respond within this ten day period will result in the city having your property mowed and/or cleared and billing you for all costs which will be calculated as follows: (a) Actual labor costs incurred by the City, based on employee salaries and fringe benefits. (b) Equipment cost calculated utilizing the current FEMA Schedule of Equipment Rates. (c) A 20% administrative fee will be added to the labor and equipment costs. (d) In the event a lien is recorded and a satisfaction of lien is processed when payment is made, charges will be imposed in accordance Section 23-67 of the Code of Ordinances of the City of Dania Beach, Florida In the event the costs are assessed against your property and you fail to pay same within the time specified in your statement, a lien upon your property will be recorded by the City. If you have any questions regarding this matter please contact the Public Services offices at 954 924-3742. Very truly yours, � V fl Dominic Orlando, P.E. Director of Public Services Office Use only 2007-0575 i osiai berricerm CERTIFIED MAIU, RECEIPT m4 Ir , Postage $ m O Certified Fee A Pps9na= f�' Return Receiequiretl)at Fee ,Here-0 1 (Endorsement R J �- M Restncted Delivery Fee n.' r9 (Endorsement Required) I 4— ¢ frl Total Postage&Fees $ L � 0 ul Q $$ o KRILICH, ROBERT 1000 RENAISSANCE BLVD m 11f_ OAKBROOK TERRACE, IL 601 -4295 SENDER: DELIVERYION ON ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Rec., ed by(Printed e) C. ate of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. oLp 07 1. Article Addressed to: D. Is delivery address diffierentfron,Rem 1? ❑Yes If YES,enter delivery address below: ❑No KRILICH, ROBERT 1000 RENAISSANCE BLVD a •OAKBROOK TERRACE IL 60181-4295 Mail 0Expres,Mail ed ❑Return Receipt for Merchandise Mail ❑C.O.D. 14. Restricted Delivery?(Extra Fee) ❑Yes Delivery?(E%tm Fee) ❑Yes e 7005 3110 0003 9438 4350 'q PS Form 3811,February 2004 Domestic Return Receipt 102595-02-10-1540 CITY OF DANIA BEACH ' Department of Public Services PO BOX 1708 DANIA BEACH, FL 33004 (954) 924-3742 July 19, 2007 INVOICE #2007-0575 KRILICH,ROBERT R CERTIFIED MAIL 1000 RENAISSANCE BLVD RETURN RECEIPT REQUESTED CERT#: 7108 2133 3934 0760 1493 OAKBROOK TERRACE IL 60181-4295 LOT: 714 LEGAL DESCRIPTION: DUKE & DUKE SUBDIVISION124-48 BPARCEL A N 665.12 FOLIO: 0233 39 0010 LOCATION: W OF 151 SW 18 CT Dear Property Owner: Pursuant to the written notice sent to you by certified mail #7005 3110 0003 9438 4350 referenced property was mowed/cleared of trash on 7/3/2007 and in accordance with said notice, the sum of$4,099.49 is due and payable to the City of Dania Beach. Breakdown of Actual Costs Personnel Cost Equipment Cost Administrative Cost Total Charges $1,583.24 $1,833.00 $683.25 $4,099.49 Demand is hereby made that said sum of $4,099.49 be paid to the City of Dania Beach, on or before 7/29/2007. Please remit payment with a copy of this invoice or mail directly to the Finance Department, 100 W Dania Beach Blvd, Dania Beach, FL 33004. In the event that you fail to pay the amount demanded within the time specified, a lien for the full amount of this statement plus lien fees will be imposed upon your property by the City of Dania Beach, Florida and said lien recorded in the public records of Broward County, Florida. Respectfully, '�' �z flA" Dominic Orlando Director of Public Services �P'-0-,-STIii S-E V1C-- v Date: 08/03/2007 Kathryn Florentine: The following is in response to your 07/24/2007 request for delivery information on your Certified item number 7108 2133 3934 0760 1493. The delivery record shows that this item was delivered on 07/31/2007 at 08:38 AM in VILLA PARK, IL 60181. The scanned image of the recipient information is provided below. re Signature of Recipient: 1 . GF Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service ' INSTR#107281771 CLAIM OF LIEN OR BK 44444 Pages 1007-1007 RECORDED 08/08/0710:26:27 BROWARD COUNTY COMMISSION DEPUTY CLERK 1923 THE CITY OF DANIA BEACH, FLORIDA, a municipal #3, 1 Pages corporation organized and existing under the laws of the State of Florida, on July 02, 2007 LOT MOWING AND / OR DEBRIS REMOVAL services to the above described property located in the City of Dania Beach, Broward County, Florida, and the amount of charges for same as shown hereinafter is due and owing the City of Dania Beach, Florida on the real property described as follows: OWNER: KRILICH,DONNA FOLIO: 0233 09 0010 DOUGLAS HILL 12-45 BLOTS 1 TO 5 BLK 1 TOGETHER LEGAL: WITHPOR OF VACATED SW 1 ST DESC 1NRESO 1999-602 OR 29499/803 AMOUNT: $214.85 with interest thereon at the rate of twelve percent(12%,) per annum from 7/20/2007 the date for interest to begin as shown in your statement for such services, to the date of payment of the amounts due. The City of Dania Beach, Florida, claims a lien for the above amount, as provided for in Section 13-32, Article 11, Chapter 13 of the Code of Ordinances of the City of Dania Beach, Florida. Witnesses: yy,a /,. Lv'l ` 1 1 Clti� CITY OF DANIA BEACH Patricia Varney, Finance Director SWORN TO AND SUBSCRIBED before me this�day of 140 2007 Patricia Varney is personally known to me. NOTARY PUBLIC PREPARED BY AND RETURN TO: pREMICE Patricia Varney, Finance Director `"" MYCOMMISSIONSDD652837 CITY OF DANIA BEACH .. g EXThNRNasWMPuy9 Os1 � P.O. BOX 1708 DANIA BEACH, FLORIDA 33004 RECORDING TRANSMITTAL PAGE 1 OF 1 BROWARD COUNTY ASSIGNED CODE: 236 Date: 8/6/2007 From: City Of Dania Beach 100 West Dania Beach Boulevard P.O.Box 1708 TO: Recording Section Dania Beach, Florida 33004 Broward County Records Division 115 So.Andrews Avenue,Room 114 Contact: Frank DiPaolo Ft.Lauderdale, FI 33301 Phone: (954) 924-3670 P.O. Box 14668 Ft.Lauderdale, FI 33302 Re: 236 File Number: Phone: (954)357-7274 236 File Name: The following documents, having been CAREFULLY reviewed for compliance with Florida Statutes&Florida Administrative Code, are submitted for recording,together with check(s)listed below payable to"Board of County Commissioners", in EXACT payment of fees itemized hereon. PLEASE RECORD THE DOCUMENTS IN THE EXACT ORDER LISTED BELOW. DOCUMENT DESCRIPTION #PAGES # NAME FEE FEE DESCRIPTION AMOUNT CLAIM OF LIEN/FINAL ORDER 1203-04-0671 DANIA HEIGHTS) 1 2 10.00 CLAIM OF LIEN/FINAL ORDER(0233-05-0020 REALTY INCOME) 1 2 10.00 CLAIM OF LIEN/FINAL ORDER (0233-09-0010 KRILICH 07-0573) 1 2 10.00 236 B 3262575 111111111111111111111111111111111111111111111 CITY OF DANIA BEACH 100 W. DANIA BEACH BLVD. ATTN: LINDA MASON. DANIA, FL 33004 3 PAGES IPAGE 1 TOTAL RECORDING FEES ARE$10.00 FOR THE FIRST PAGE,AND$8.50 FOR EACH ADDITIONAL PAGE OF THE SAME DOCUMENT. FOR PAGES OVER 14"IN LENGTH,OR OVER 81/2'IN WIDTH,ADD$4.50 FOR EACH ADDITIONAL 14"IN LENGTH OR 81/2"IN WIDTH,OR PORTION THEREOF. INDEXING OVER 4 NAMES IS$1,00 PER ADDITIONAL NAME.HUSBAND AND WIFE ARE COUNTED AS TWO SEPARATE NAMES.COPIES ARE$1,001 PAGE. FOR CERTIFIED COPIES,ADD AN ADDITIONAL$1.00 PER DOCUMENT. DOCUMENTARY STAMP TAX ON DEEDS IS CALCULATED @30 CENTS/$100.00(OR FRACTIONAL PART THEREOF)OF CONSIDERATION. DOCUMENTTARY STAMP TAX ON MORTGAGES IS CALCULATED Ld.35 CENTS/$100.00(OR FRACTIONAL PART)OF INDEBTEDNESS. INTANGIBLE TAX ON MORTGAGES IS CALCULATED @.002X THE EXACT AMOUNT OF INDEBTEDNESS OR OBLIGATION. COPIES$1.00 PER PAGE AND CERTIFIED$1.00 PER DOCUMENT. SPECIAL NOTES FROM AGENT'. CITY FILE: RECORDING TRANSMITTAL TO COUNTY2.xls VENDOR 37211006 001-13-0400-53490 SEPARATE CHECK CITY OF DANIA BEACH j Department of Public Services PO BOX 1708 DANIA BEACH, FL 33004 (954) 924-3742 ' K= May 23, 2007 KRILICH,DONNA CERTIFIED MAIL 851 FLAMINGO DR RETURN RECEIPT REQUESTED CERT#: 7005 3110 0003 9438 4374 FT LAUDERDALE FL 33023 LOT: 695 LEGAL DESCRIPTION: DOUGLAS HILL 12-45 BLOTS 1 TO 5 BLK 1 TOGETHER WITHPOR OF VACATED SW 1 ST DESC INRESO 1999-602 OR 29499/803 FOLIO: 0233 09 0010 LOCATION: W OF 180 SW 18 AVE Dear Property Owner: Pursuant to Section 13-32, Article II of Chapter 13, of the Code of Ordinances of the City of Dania Beach, Florida, you are hereby notified that you are in violation of said section by having excessive growth and/or trash at the above referenced property located within the City of Dania Beach, Florida. You are hereby further notified that you must have this parcel of land mowed and/or cleared within ten (10) working days from the date of this letter. Failure to respond within this ten day period will result in the city having your property mowed and/or cleared and billing you for all costs which will be calculated as follows: (a) Actual labor costs incurred by the City, based on employee salaries and fringe benefits. (b) Equipment cost calculated utilizing the current FEMA Schedule of Equipment Rates. (c) A 20% administrative fee will be added to the labor and equipment costs. (d) In the event a lien is recorded and a satisfaction of lien is processed when payment is made, charges will be imposed in accordance Section 23-67 of the Code of Ordinances of the City of Dania Beach, Florida In the event the costs are assessed against your property and you fail to pay same within the time specified in your statement, a lien upon your property will be recorded by the City. If you have any questions regarding this matter please contact the Public Services offices at 954 924-3742. Very truly yours, OA" Dominic Orlando, P.E. Director of Public Services office Use Only 2007-0573 1 N CERTIFIED MAILT, RECEIPT mIDone"'fIc mail Or*No insurance coverage prc.,ide m 1 m .,:. rr Postage $ .(41 -.. mO Certified Fee /�+\ �.� lfl J C Return Receipt Fee PgstrZ '``; (Endorsement Required) 0 Restncted Delivery Fee J� p' O F (Endorsement Required) A 4 C� R N m Total Postage&Fees Ln C I, KRILICH, DONNA 851 FLAMINGO DR I ° FT LAUDERDALE, FL 33023 IN SENDER: COMPLETE THIS SECTION COMPLETE THIS DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sign Rem 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse X C Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Rece' d by(Printed Neel p IV or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item ❑Yes If YES,enter delivery address below: ❑ No KRILICH, DONNA 851 FLAMINGO DR e FT LAUDERDALE, FL 33023 Mall ❑ Express Mail ad ❑ Return Receipt for Merchandise Hail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes - 7005 3110 0003 9438 4374 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 CITY OF DANIA BEACH - Department of Public Services PO BOX 1708 DANIA BEACH, FL 33004 (954)924-3742 July 10, 2007 INVOICE #2007-0573 KRILICH,DONNA CERTIFIED MAIL 851 FLAMINGO DR RETURN RECEIPT REQUESTED FT LAUDERDALE FL 33023 CERT#: 7005 3110 0003 9439 2737 LOT: 695 LEGAL DESCRIPTION: DOUGLAS HILL 12-45 BLOTS 1 TO 5 BILK 1 TOGETHER WITHPOR OF VACATED SW 1 ST DESC INRESO 1999-602 OR 29499/803 FOLIO: 0233 09 0010 LOCATION: W OF 180 SW 18 AVE Dear Property Owner: Pursuant to the written notice sent to you by certified mail#7005 3110 0003 9438 4374 referenced property was mowed/cleared of trash on 7/2/2007 and in accordance with said notice, the sum of$214.85 is due and payable to the City of Dania Beach. Breakdown of Actual Costs Personnel Cost Equipment Cost Administrative Cost Total Charges $68.08 $110.96 $35.81 $214.85 Demand is hereby made that said sum of $214.85 be paid to the City of Dania Beach, on or before 7/20/2007. Please remit payment with a copy of this invoice or mail directly to the Finance Department, 100 W Dania Beach Blvd, Dania Beach, FL 33004. In the event that you fail to pay the amount demanded within the time specified, a lien for the full amount of this statement plus lien fees will be imposed upon your property by the City of Dania Beach, Florida and said lien recorded in the public records of Broward County, Florida. Respectfully, �OV�- - � OA" Dominic Orlando Director of Public Services servil tir CERTIFIED MAII-Ty, RECEIPT m it r- (Domestic Mail Only; rage Provided) ru im a- LAIPostage $ 0 M c:i Cenilied Fee 2l Postmark Return Receipt Fee (Endorsement Required) ? He. E3 Restricted Delivery Fee r=l Endorsement Required) m Total Postage&Fees $ C3 C3 Donna Krilich loo '7 Postm ark 851 Flamingo Drive Ft. Lauderdale, FL 33023 3 L CITY OF DANIA BEACH Department of Public Services PO BOX 1708 7005 3110 0003 9439 2737 DANIA BEACH, FL 33004 (954)924-3742 ,KRILICH,DONNA 851 FLAMINGO DR FT LAUDERDALE FL 33023 v- CLAIM OF LIEN INSTR#107437609 OR SK 44702 Pages 668-668 RECORDED 10/10/0716:16:37 BROWARD COUNTY COMMISSION THE CITY OF DANIA BEACH, FLORIDA, a municipal DEPUTY CLERK 1012 corporation organized and existing under the laws of the State #3, 1 Pages of Florida,on July 12, 2007 LOT MOWING AND / OR DEBRIS REMOVAL services to the above described property located in the City of Dania Beach, Broward County, Florida, and the amount of charges for same as shown hereinafter is due and owing the City of Dania Beach, Florida on the real property described as follows: OWNER: KRILICH,ROBERT R TR FOLIO: 0233.48 0020 KRILICH PLAT 142-19 BPARCEL B;TOGETHER WITH POR LEGAL: OFVACATED SW 1 ST& 18 CT DESC INRESO 1999-602 OR 294991803;LESS AMOUNT: $147.16 with interest thereon at the rate of twelve percent(12%) per annum from 7/29/2007 the date for interest to begin as shown in your statement for such services, to the date of payment of the amounts due. The City of Dania Beach, Florida, claims a lien for the above amount, as provided for in Section 13-32, Article II, Chapter 13 of the Code of Ordinances of the City of Dania Beach, Florida. Witnesses: Q /117Oen�0 I'�toex My CITY OF DANIA BEACH BY: Patricia Varney, Finance Director SWORN TO AND SUBSCRIBED before me this day of iC /0,C7ti , 2007 Patricia Varney is personally known to me. +ti NOTARY PUBLIC PREPARED BY AND RETURN TO: Patricia Varney, Finance Director CITY OF DANIA BEACH rX17 SHARONPRENIICE P.O. BOX 1708 »; MY COMMISSION#DO652837 EXPIRES:May 9,2011 DANIA BEACH, FLORIDA 33004 ? Bonded TNN Notary PWA IYWnMw CITY OF DANIA BEACH Department of Public Services PO BOX 1708 DANIA BEACH, FL 33004 (954)924-3742 May 23, 2007 KRILICH,ROBERT R TR CERTIFIED MAIL RETURN RECEIPT REQUESTED 1000 RENAISSANCE BLVD CERT#: 7005 3110 0003 9438 4329 OAKBROOK TERRACE IL 60181.4295 LOT: 717 LEGAL DESCRIPTION: KRILICH PLAT 142-19 BPARCEL B;TOGETHER WITH FOR OFVACATED SW 1 ST & 18 CT DESC INRESO 1999-602 OR 29499/803;LESS FOLIO: 0233 48 0020 LOCATION: E OF 151 SW 18 CT Dear Property Owner: Pursuant to Section 13-32, Article II of Chapter 13, of the Code of Ordinances of the City of Dania Beach, Florida, you are hereby notified that you are in violation of said section by having excessive growth and/or trash at the above referenced property located within the City of Dania Beach, Florida. You are hereby further notified that you must have this parcel of land mowed and/or cleared within ten (10) working days from the date of this letter. Failure to respond within this ten day period will result in the city having your property mowed and/or cleared and billing you for all costs which will be calculated as follows: (a) Actual labor costs incurred by the City, based on employee salaries and fringe benefits. (b) Equipment cost calculated utilizing the current FEMA Schedule of Equipment Rates. (c) A 20% administrative fee will be added to the labor and equipment costs. (d) In the event a lien is recorded and a satisfaction of lien is processed when payment is made, charges will be imposed in accordance Section 23-67 of the Code of Ordinances of the City of Dania Beach, Florida In the event the costs are assessed against your property and you fail to pay same within the time specified in your statement, a lien upon your property will be recorded by the City. If you have any questions regarding this matter please contact the Public Services offices at 954 924-3742. Very truly yours, �e,��Z flA" Dominic Orlando, P.E. Director of Public Services Office Use Only 2007-0578 -3111W&Slz -IQ ru m .. + m m S 0" Postage $ Om Carolled Fee o Return Receipt Fee �P6stmark f (Endorsement Required) , S Here O Restricted�elNery Fee r-1 (Endorsement Required) M Total Postage 8 Fees $ LO C3 �+ O `' KRILICH, ROBERT 1000 RENAISSANCE BLVD OAKBROOK TERRACE, IL 0181-4295 COMPLETE ■ Complete Items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery is desired. X 7j_y 0 Agent ■ Print your name and address on the reverse r 4/I ❑Addresse, so that we can return the card to you. B. Rao ad by(Prkni to of Delivert ■ Attach this card to the back of the mailpiece,or on the front if space permits. 1. Article Addressed to: D. Is delivery addresRem 1? ❑Yes It YES,enter delivery address below: ❑ No �JtRILICH, ROBERT 1000 RENAISSANCE BLVD e OAKBROOK TERRACE, IL 60181-4295 Mail ❑ Express Mail W ❑Return Receipt for Merchandise _ 4ail ❑C.O.D. [4, Restricted Delivery?(Extra Fee) ❑Yes 7005 3110 0003 9438 4329 [��PSForm 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 f v( { t e d r>w 1 � CITY OF DANIA BEACH __ - Department of Public Services PO BOX 1708 DANIA BEACH, FL 33004 (954)924-3742 July 19, 2007 INVOICE #2007-0578 KRILICH,ROBERT R TR CERTIFIED MAIL 1000 RENAISSANCE BLVD RETURN RECEIPT REQUESTED CERT#: 7108 2133 3934 0760 1486 OAKBROOK TERRACE IL 60181-4295 LOT: 717 LEGAL DESCRIPTION: KRILICH PLAT 142-19 BPARCEL B;TOGETHER WITH POR OFVACATED SW 1 ST& 18 CT DESC INRESO 1999-602 OR 29499/803;LESS FOLIO: 0233 48 0020 LOCATION: E OF 151 SW 18 CT Dear Property Owner: Pursuant to the written notice sent to you by certified mail #7005 3110 0003 9438 4329 referenced property was mowed/cleared of trash on 7/12/2007 and in accordance with said notice, the sum of$147.16 is due and payable to the City of Dania Beach. Breakdown of Actual Costs Personnel Cost Equipment Cost Administrative Cost Total Charges $46.63 $76.00 $24.53 $147.16 Demand is hereby made that said sum of $147.16 be paid to the City of Dania Beach, on or before 7/29/2007. Please remit payment with a copy of this invoice or mail directly to the Finance Department, 100 W Dania Beach Blvd, Dania Beach, FL 33004. In the event that you fail to pay the amount demanded within the time specified, a lien for the full amount of this statement plus lien fees will be imposed upon your property by the City of Dania Beach, Florida and said lien recorded in the public records of Broward County, Florida. Respectfully, DA" Dominic Orlando Director of Public Services UNITEDSTATES PQSTAt SERVICE. Date: 08/03/2007 Kathryn Florentine: The following is in response to your 07/24/2007 request for delivery information on your Certified item number 7108 2133 3934 0760 1486. The delivery record shows that this item was delivered on 07/31/2007 at 08:38 AM in VILLA PARK, IL 60181. The scanned image of the recipient information is provided below. Signature of Recipient: xe t � Ge5 Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service CLAIM OF LIEN INSTR#107437608 OR BK 44702 Pages 667-667 RECORDED 1 0/1 0107 1 6t16:37 BROWARD COUNTY COMMISSION DEPUTY CLERK 1012 THE CITY OF DANIA BEACH, FLORIDA, a municipal #2, 1 Pages corporation organized and existing under the laws of the State of Florida, on July 12, 2007 LOT MOWING AND / OR DEBRIS REMOVAL services to the above described property located in the City of Dania Beach, Broward County, Florida, and the amount of charges for same as shown hereinafter is due and owing the City of Dania Beach, Florida on the real property described as follows: OWNER: KRILICH,ROBERT R FOLIO: 0233 48 0012 KRILICH PLAT 142-19 BPARCEL A LESS POR DESC AS LEGAL: BEG NECOR,S 350,W 90,N 350,E 90 TO POB& LESS POR DESC AS SPRINGHILL AMOUNT: $147.16 with interest thereon at the rate of twelve percent(12%) per annum from 7/29/2007 the date for interest to begin as shown in your statement for such services,to the date of payment of the amounts due. The City of Dania Beach, Florida, claims a lien for the above amount, as provided for in Section 13-32, Article 11, Chapter 13 of the Code of Ordinances of the City of Dania Beach, Florida. Witnesses: CITY O`�DANIA BEACH Patricia Varney, Finance Director SWORN TO AND SUBSCRIBED before me this e day of 2007 Patricia Varney is personally known to me. �D NOTARY PUBLIC PREPARED BY AND RETURN TO: Patricia Varney, Finance Director "Alp,,,, CITY OF DANIA BEACH N' SHMRONPN#DO E =r .:.s MYCOMMISSIONRDD652837 P.O. BOX 1708 EXPIRES:May9,2011 DANIA BEACH, FLORIDA 33004 Bonded Thm Notary Pablo Umle xmers CITY OF DANIA BEACH Department of Public Services PO BOX 1708 DANIA BEACH, FL 33004 _ (954) 924-3742 =-' May 23, 2007 KRILICH,ROBERT R CERTIFIED MAIL 1000 RENAISSANCE BLVD RETURN RECEIPT REQUESTED CERT#: 7005 3110 0003 9438 4336 OAKBROOK TERRACE IL 60181-4295 LOT: 716 LEGAL DESCRIPTION: KRILICH PLAT 142-19 BPARCEL A LESS POR DESC AS BEG NECOR,S 350,W 90,N 350,E 90 TO POB& LESS FOR DESC AS SPRINGHILL FOLIO: 0233 48 0012 LOCATION: N OF 151 SW 18 CT Dear Property Owner: Pursuant to Section 13-32, Article II of Chapter 13, of the Code of Ordinances of the City of Dania Beach, Florida,you are hereby notified that you are in violation of said section by having excessive growth and/or trash at the above referenced property located within the City of Dania Beach, Florida. You are hereby further notified that you must have this parcel of land mowed and/or cleared within ten (10) working days from the date of this letter. Failure to respond within this ten day period will result in the city having your property mowed and/or cleared and billing you for all costs which will be calculated as follows: (a) Actua; labor costs incurred by the City, based on employee salaries and fringe benefits. (b) Equipment cost calculated utilizing the current FEMA Schedule of Equipment Rates. (c) A 20% administrative fee will be added to the labor and equipment costs. (d) In the event a lien is recorded and a satisfaction of lien is processed when payment is made, charges will be imposed in accordance Section 23-67 of the Code of Ordinances of the City of Dania Beach, Florida In the event the costs are assessed against your property and you fail to pay same within the time specified in your statement, a lien upon your property will be recorded by the City. If you have any questions regarding this matter please contact the Public Services offices at 954 924-3742. Very truly yours, � DA" Dominic Orlando, P.E. Director of Public Services office use only 2007-0577 q-. P-0-sTa-T-5-e-ry CERTIFIED MAOLT",RECEIPT M (Domestic Uaff Orl Insurance Coverage Provided) cc M Postage $ ED M Certified Fee '2 C3 Return Receipt Fee Required) r2 'C71 (Endorsementred) C3 Restricted Delivery Fee r-j (Endorsement Required) r-1 M Total Postage&Fees s J-,2i( Lr) C3 C3 17` KRILICH, ROBERT 1000 RENAISSANCE BLVD OAKBROOK TERRACE IL 60181-4295 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. x Pd 0 Agent • Print your name and address on the reverse ❑ 1:3 Address so that we can return the card to you. B. RegAved by(Printed 1 e) C Zfiate of Delive 1- ■ Attach this card to the back of the malipiece, or on the front if space permits. 6 D. Is delivery I H ffenentftm item 1? 11 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No KRILICH, ROBERT )a 1000 RENAISSANCE BLVD I Mail 0 Express Mail Mall El Return OAKBROOK TERRACE, IL 60181-4295 Mail 0 C.O.D.Receipt for Merchandit Delivery?(Extra Fee) 0 Yes 7005 3110 0003 9438 4336 PS Nrm 3811, February 2004 Domestic Return Receipt 102595-02W-IE CITY OF DANIA BEACH Department of Public Services PO BOX 1708 DANIA BEACH, FL 33004 (954)924-3742 July 19, 2007 � s INVOICE #2007-0577 KRILICH,ROBERT R CERTIFIED MAIL 1000 RENAISSANCE BLVD RETURN RECEIPT REQUESTED CERT#: 7108 2133 3934 0760 1479 OAKBROOK TERRACE IL 60181-4295 LOT: 716 LEGAL DESCRIPTION: KRILICH PLAT 142-19 BPARCEL A LESS POR DESC AS BEG NECOR,S 3500 90,N 350,E 90 TO POB& LESS POR DESC AS SPRINGHILL FOLIO: 0233 48 0012 LOCATION: N OF 151 SW 18 CT Dear Property Owner: Pursuant to the written notice sent to you by certified mail#7005 3110 0003 9438 4336 referenced property was mowed/cleared of trash on 7/12/2007 and in accordance with said notice, the sum of$147.16 is due and payable to the City of Dania Beach. Breakdown of Actual Costs Personnel Cost Equipment Cost Administrative Cost Total Charges $46.63 $76.00 $24.53 $147.16 Demand is hereby made that said sum of $147.16 be paid to the City of Dania Beach, on or before 7/29/2007. Please remit payment with a copy of this invoice or mail directly to the Finance Department, 100 W Dania Beach Blvd, Dania Beach, FL 33004. In the event that you fail to pay the amount demanded within the time specified, a lien for the full amount of this statement plus lien fees will be imposed upon your property by the City of Dania Beach, Florida and said lien recorded in the public records of Broward County, Florida. Respectfully, �z flA" Dominic Orlando Director of Public Services UAf/7EDS7!l7ES POST&SER1�1i�'E Date: 08/03/2007 Kathryn Florentine: The following is in response to your 07/24/2007 request for delivery information on your Certified item number 7108 2133 3934 0760 1479. The delivery record shows that this item was delivered on 07/31/2007 at 08:38 AM in VILLA PARK, IL 60181. The scanned image of the recipient information is provided below. e Signature of Recipient: IrAW G6 Address of Recipient: ry Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service AGENDA REQUEST FORM CITY OF DANIA Date: March 7, 2007 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for: Christine Taylor Est% Jacqueline I Kurland, 31 NW 14 Court, Case#03-5807 Summary Explanation & Background: This was originally cited on December 9, 2003 for 6 violations, and was given 30 days to comply. This went to the Code Board on 5/03/04 for 6 violations. The Code Board issued an order giving the defendent until 8/02/04 to comply or a fine of$70.00 per day would be levied. At the 10/04/04 Code Board hearing the fine was confirmed. The property was brought into compliance on 3/01/06. This was heard by the Code Board which abated the fines to $2,000.00 on 3/06/06. Foreclosure was approved at the 4/09/07 Special Magistrate hearing. The fines ran from 8/02/04 through 3/01/06, 576 days @ $70.00 per day = $40,320.00 plus the recording fee of$100.00 for a total of$40,420.00. At the 3/3/08 hearing, the amount was abated to $8,000.00 as recommended to the commission by Special Magistrate Mark Berman. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Code Board. (2) Copy of the original violation letter issued. (3) Copy of the minutes from the 5/03/04, 10/04/04, 3/06/06 Code Board hearings and at the 4/09/07, 3/03/08 Special Magistrate hearings. (4) Copy of the lien total sheet. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: At the 3/3/08 Special Magistrate hearing, the abatement was recommended to $8,000.00 from the original amount of$40,420.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 03-5807 municipal corporation PLAINTIFF, FINAL ORDER vs. CHRISTINE TAYLOR EST. DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on May 3, 2004, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. Defendant, Christine Taylor Est., did allow the following code violations to exist at property Defendant owns located at 31 N. W. 14 Court, Dania Beach, Florida, which property is legally described as: MANN SUB 21-7 B LOT 14 (# 0233 13 0130): 1 . Chapter 13, Section 13-23; Public Nuisance Violation. Defendant did store, or allowed to be stored, trash and junk on the subject property. Failure to remove all trash and junk from the property. FINAL ORDER #03-5807 PAGE 2 2. Chapter 14, Section 14-2; Junked and Abandoned Vehicles; Public Nuisance. Defendant did store or park inoperative vehicles, trailers and vessels on the subject property. Failure to remove all inoperative vehicles from the property. 3. Chapter 8, Article II — Property Standards; Section 8-21(a)(5)(a); Minimum standards for dwellings, hotels, and rooming houses. Maintenance and appearance standards. Failure to paint building which is discolored and has peeling paint. 4. Florida Building Code 104.1; Permits Required. Defendant did install or allowed to be installed, a shed without a permit. Failure to obtain permit for installation of shed. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1 . Defendant, Christine Taylor Est. (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) through b.(4). A fine of$70.00 per day will begin running 60 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendant, Christine Taylor Est., for the foregoing violations listed in paragraphs b.(1) through b.(4), a fine of $70.00 per day, to begin running 60 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #03-5807 PAGE 3 In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. 0 ERED at Dania Beach, Broward County, Florida, this 13 day of 2004. DANIA BEACH CODE ENFORCEMENT BOARD Richard Bettor, Chairperson Notary Seal: Sworn and subsc 'bed before me this � day of_�G�-� 2004. NOT RY PUBLIC/STATE OF FLORIDA Richard Bettor is personally known to me. p"0"'tarnisa�n oD187250 � � ExW MeY 10,2007 a Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #03-5807 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Christine Taylor Est., this 3 day of 2004. CERTIFIED MAIL 7003 1010 0004 8917 3530 CO E ENFORC EN BOARD CLERK APPROVED AS TO FORM AND CORRECTNESS f TIM RYAN SPECIAL CITY TTORNEY xci Phyllis Taylor, P. O. Box 330087, Miami, FI 33233 Certified Mail 7003 1010 0004 8917 3387 Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dana Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 03-5807 Municipal corporation PLAINTIFF, FINAL ORDER vs. CHRISTINE TAYLOR EST DEFENDANT SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Board ("Board") 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of William Dubisky, on the City's Motion to Confirm Fine held on the 4th day of October, 2004, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 3'd day of June, 2004, a Final Order in the above captioned case commanding the defendant, Christine Taylor Est, to bring the violations specified in said Final Order into compliance on or before the 2"d day of August, 2004, or pay a fine in the amount of $70.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER 403-5807 2. That said violations occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: MANN SUB 21-7 B LOT 14 (# 0233 13 0130). 3. That the Defendant, Christine Taylor Est, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Board that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the defendant, Christine Taylor Est, shall comply with said Final Order. Upon complying, the defendant shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendant has complied. 5. It is the order of this Board that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by defendant. DONE AND ORDERED at Dania Beach, Broward County, Florida, this (::70 Day of Ot'(Q&-4- 12004. DANIA BEACH CODE ENFORCEMENT BOARD By: � �� -- Richard Bett lrman Sworn to and subscribed before me this �Zo day of 2004, By Richard Bettor, who is personally known to me. NOTARY PUBLI TATE OF FLORIDA „ar GlonaJBrandes i MY commission Dp187260 Expires MaY 10.2007 Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Fl 33004 SUPPLEMENTAL ORDER #03-5807 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, Christine Taylor Est, this o day of Go,4kik 12004. CERTIFIED MAIL # 7003 3110 0000 8260 1785 CODE EN ORCEMEN BOARD CLERK APPROVED A TO FORM AND CORRECTNESS TIMOTHY M. YAN, SPECIA CITY ATTORNEY xc: Phyllis Taylor, P. 0. Box 330087, Miami, FI 33233 Certified Mail 7003 3110 0000 8260 1792 Also sent regular mail Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,FI 33004 .3/fly - - fyt,vJ►�,c CQ-c.�- D _�"� FLORIDA ��iru�crb�: December 9, 2003 CHRISTINE TAYLOR EST Case Number : 03-00005807 % JACQUELINE I KURLAND 31 NW 14 CT DANIA BEACH, FL 330045109 Location: 31 NW 14 CT Folio: 504233130130 Legal Description : MANN SUB 21-7 B LOT 14 MANN SUB 21-7 B LOT 14 Dear CHRISTINE TAYLOR EST % JACQUELINE I KURLAND: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re-inspection by January 09, 2004 . Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s ) , please do not hesitate to contact William Dubisky at (954 ) 924-3749 . Sincerely, 1 KENNETH KOCH BU N OFFICIAi WILLIT.M DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7002 2410 C007 0835 5390 by RITA DONNELLY. 'Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 'ASE NUMBER 03-00005807 ?ROPERTY ADDRESS 31 NW 14 CT - --------------------------------- -- ----- -- ------------------ - VIO',ATION: CH. 13 , SEC. 13-23 ALL QUANTITY: 1 DESCRIPTION: CH. 13 , SEC. 13-23 ALL DATE: 12/09/03 LOCATION: NARRATIVE Grass, weeds, shrubs, and trees on property must be cut and trimmed. All trash, junk and all miscellaneous debris must be removed from property. ORDINANCE DESCRIPTION : Violation of Chapter 13 , Section 13 -23 , Public Nuisance Violation. Property declared a public nuisance and must be placed into good condition. Trash, junk, loose garbage and all other debris and/or materials stored on the property must be removed. Trees, hedges, shrubs, weeds and grass, including the public right of ways (swale areas) abutting the property, front, sides and rear, must be mowed, cut , and trimmed as required by city ordinance and property must be maintained. ---------- ----------- ----- --------------------------- - ---- ---- VIOLATION: CH 8 , ART II SEC. 8-21 4-F QUANTITY: 1 DESCRIPTION: CH 8 , ART II SEC. 8-21 4-F SHED DATE: 12/09/03 LOCATION: NARRATIVE Shed must be repaired, replaced or removed. ORDINANCE DESCRIPTION : Violation of Chapter 8, Buildings, Article II , Property Standards Sec . 8-21 (4) (f) . Minimum standards for dwellings, hotels, and rooming houses . General requirements for all dwellings, dwelling units , hotels, hotel units, rooming houses and rooming units . Shed shall be maintained in a good state of repair. ------- - - ------- - ---------- - ---- ----- - -- ---- --------------- --- VIOLATION: CH. 14 , SECTION 14-2 QUANTITY: 1 DESCRIPTION: CH. 14 , SECTION 14-2 DATE: 12/09/03 LOCATION: NARRATIVE All inoperative and unlicensed vehicles, trailers, and vessels must be removed from the property. ORDINANCE DESCRIP-ION : Violation of Chapter 14 , Section 14-2 ; Junked and Abandoned Vehicles; Public Nuisance . The storage or parking of all inoperative vehicles, trailers, and vessels is creating a public nuisance . -- ------- - - - - --- - - -- - ----- - - ------ - --------- ------------------ VIOLATION: CH. 8ARTIi SEC 8-21 A5A1&2 QUANTITY : 1 DESCRIPTION: CH. 8ARTII SEC 8-21 A5A1&2PAINT DATE: 12/09/03 LOCATION: NARRATIVE CONTINUED VIOLATION DETAIL PAGE 2 'ASE NUMBER 03-00005807 DROPERTY ADDRESS 31 NW 14 CT NARRATIVE : Remedy will be to paint and maintain building. ORDINANCE DESCRIPTION : Violation of Chapter 8, Article II - Property Standards; Section 8-21 (a) (5) (a) , (1) & (2) ; Minimum Standard for dwellings, hotels and rooming houses . Maintenance and appearance standards . The exterior of all premises and every structure thereon, including all parts of the structure and apurtenance where exposed to the public view, shall be maintained in good condition and shall not show evidence of deterioration, weathering, or discoloration. All surfaces requiring painting or which are otherwise protected from the elements shall be kept painted or protected. Painted surfaces shall be maintained free of graffiti , peeling paint and with uniform colors void of any evidence of deterioration. ---------- --------- --------------------- --- ------------------- VIOLATION: CH. 15 , SEC. 15-1 QUANTITY: 1 DESCRIPTION: CH. 15 , SEC. 15-1, OCCUPATIONAL DATE: 12/09/03 LOCATION: NARRATIVE City of Dania Beach occupational license must be obtained for any/all leased, rental, income, and/or multi-living properties . ORDINANCE DESCRIPTION Violaton of Chapter 15, Section 15-1, Occupational License . Operating any business within the city limits without an occupational license, or an expired license, is prohibited. - -- -- ----- -- ----- --- ------ ----------------- - -------- - - ------- - VIOLATION: FBC 104 . 1 PERMITS REQ. , S QUANTITY: 1 DESCRIPTION: FBC 104 . 1 PERMITS REQ. SHED DATE : 12/09/03 LOCATION: NARRATIVE Obtain required permit (s) and inspection (s) within thirty (30) days or remove all work. ORDINANCE DESCRIPTION : Violation of Chapter 104 . 1 of the Florida Building Code, Permits required. Shed installed without permits . 9) #03-4978 John K. & Shelley Stumpff 4580 SW 43 Terrace Ft. Lauderdale, FL Code Inspector Gary Phaneuf came forward, was sworn in, and presented seven photos. Notice was sent Certified Mail, service was not obtained; also sent via first class mail, property was posted, and the Affidavit of Service is on file. This is a violation of Chapter 14, Section 14-2, Public Nuisance, inoperative and unlicensed vehicles must be removed from the outside storage; Chapter 22, Section 22-1, street address must be displayed on the house. As of today, the property is still in violation of Chapter 14, Section 14-2, inoperative and unlicensed vehicles are still being stored on the property. The property owner has complied with Chapter 22, Section 22-1, street address has been put on the house. The first contact with the defendant was 7/03/03. Chairman Bettor asked if there was anyone representing John & Shelley Stumpff. John Stumpff, 4580 SW 43 Terrrace, Dania Beach, FL, came forward and was sworn in. Chairman Bettor asked Mr. Stumpff to identify the photos of the property. Mr. Stumpff identified the photos as his property. Chairman Bettor asked Mr. Stumpff how would he correct the violations. Mr. Stumpff said that there were five cars, but now two remains. The truck has a shot out back glass in which Mr. Stumpff says that he cannot move the truck because the back glass will fall out. He is getting someone to repair the broken glass on the truck. As for the Monte Carlo, Mr. Stumpff says that he will get the rims off, and then tow the car. Judy Jensen asked Mr. Stumpff what is he asking for. Mr. Stumpff said that he needs time to correct the violations. Jay Hamilton made a motion, to adopt the findings of fact by Officer Gary Phaneuf, move to find that the violations exist as charged, move that the violator be given 15 days to comply or thereafter a fine of$50.00 per day shall be levied. The motion was seconded by Jimmy Peterman and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Jay Hamilton-yes 10) #03-5807 Christine Taylor Est. % Jacqueline I. Kurland 31 NW 14 Court Dania Beach, FL Chief Code Inspector William S. Johnson, having been previously sworn in, came forward and had the following testimony. Service was obtained by Certified Mail, have the return receipt; also posted the property, and the Affidavit of Service is on file, and sent via first class mail. Mr. Johnson submitted five photos. The defendant was first notified of the violation on 12/09/03. They are in violation of Chapter 13, Section 13-23, Public Nuisance,junk and trash; Chapter 8, Article tI, Dania Beach Code Board Summary Minutes 8 May 3,2004 Section 8-21, shed to be repaired, but this will be dismissed; Chapter 14, Section 14-2, junk and abandoned vehicles, there is still one vehicle on the property; Chapter 8, Section 8-21, building needed to be painted, paint is chipping on the property; Chapter 15, no Occupational License; FBC 104.1, installed a shed without a permit. Mr. Johnson said that any questions that pertain to the FBC 104.1, should be referred to Building Official Ken Koch. Chairman Bettor asked Mr. Koch to give testimony on the shed. Building Official Kenneth Koch, having been previously sworn in, came forward and gave the following testimony. Mr. Koch said that the pictures of the property indicates that it is a new shed, but the building department does not have any permit applications on file. Chairman Bettor asked if there was anyone representing the Estate of Christine Taylor or Jacqueline Kurland. Phyllis V. Taylor, PO Box 330087, Miami, FL 33233, physical address, 3363 Charles Avenue, Coconut Grove, came forward and was sworn in. Chairman Bettor asked Ms. Taylor how is she representing the estate. Ms. Taylor said that Christine Taylor, who passed away, was her mother, and her brother who lives in Detroit Michigan is the personal representative of the estate. Ms. Taylor said that her brother requested her to appear before the code board meeting. Chairman Bettor asked who is Jacqueline Kurland. Ms. Taylor said that Ms. Kurland is an attorney that her brother has obtained. Attorney Ryan asked Ms. Taylor if she has the permission from her brother to appear before the board. Ms. Taylor said yes. Ms. Taylor submitted a letter showing that her brother had given her permission to appear before the board. Ms. Taylor said that a brother who resided in the home, had signed for the letter, but did not read it. Ms. Taylor said that upon visiting the home, they had found the letter and Ms. Taylor had called inspector William Dubisky and told him that she had just received the violation. She had asked Mr. Dubisky for some time to clean the property. Chairman Bettor asked Ms. Taylor to identify the photos of the property. Ms. Taylor said yes they are photos of the property. She did inform her brother who resides at the property that he needed to obtain a permit for the shed. Chairman Bettor asked Ms. Taylor how much time would she need to correct the violations. Mr. Johnson asked Ms. Taylor if her son was leasing the property. Ms. Taylor said that her brother and son resides in the home and they do not pay rent. Mr. Johnson said that the Chapter 8, Article II is in compliance along with the Chapter 15, Section 15-1. The remaining violations are still outstanding. Mr. Johnson went through the violations with Ms. Taylor in order for her to have an understanding of what she needed to correct. Judy Jensen made a motion, to adopt the findings of fact by Chief Building Official Ken Koch and William Johnson, move that the violation exists as charged, move that the violator be given 60 days to comply or thereafter a fine of$70.00 per day shall be levied. Proper service was given. The motion was seconded by Tim McLeod and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Jay Hamilton-yes Dania Beach Code Board Summary Minutes 9 May 3,2004 forward. Jimmy Peterman made a motion to confirm the fine. The motion was seconded by Tim McLeod and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 12) Motion to Confirm Fine - #04-0434—Aqua Isles LLC. —3901 Griffin Road. Inspector Eric Baker having been previously sworn in, came forward and made the following statement. Mr. Baker stated that this case came before the board on 5/04/04 for a repeat violation. The board issued a final order giving the defendant 15 days to comply or a fine of$250.00 per day would be levied. The compliance date was 6/18/04 and they did not comply until 7/27/04. The fine ran from 6/18/04 through 7/27/04, 39 days @ $250.00/day = $9,750.00 owed. The defendant came before the board on 9/07/04 for an abatement and the board recommended denying the request. The commission upheld the decision on 9/16/04 and denied the abatement. Tim McLeod made a motion to confirm the fine. The motion was seconded by Gary Luedtke and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 13) Authorization to Foreclose - #04-0434 — Aqua Isles LLC. — 3901 Griffin Road. Inspector Eric Baker having been previously sworn in, came forward and made the following statement. Mr. Baker stated that the fine was confirmed on 10/04/04. Chairman Bettor asked if there was anyone representing Aqua Isles. No one came forward. Tim McLeod made a motion to authorize foreclosure. The motion was seconded by Gary Luedtke and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 14) Motion to Confirm Fine - #03-5807 — Christine Taylor EST % Jacquelene I Kurland—31 NW 14th Court. Inspector William Dubisky having been previously sworn in, came forward and made the following statement. Mr. Dubisky stated that pursuant to the order Dania Beach Code Board Summary Minutes 9 October 4,2004 corrective action was to have been taken on or before 8/20/04 and on a reinspection of the property on 10/4/04 revealed that corrective action had not been taken. Inoperative vehicles still remain on the property, no occupational license has been obtained, no building permit has been obtained for the shed and the building has not been painted. Chairman Bettor asked if there was anyone representing Christine Taylor EST % Jacquelene I Kurland. No one came forward. Gary Luedtke made a motion to confirm the fine. The motion was seconded by Jimmy Peterman and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-,yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 15) Motion to Confirm Fine - #02-3002 — J.D. & Shirley M. Reeves — 1380 SW 3RD Avenue. Inspector William Dubisky having been previously swom in, came forward and made a request to have the case dismissed because the case was complied by the compliance date. Tim McLeod made a motion to dismiss the case. The motion was seconded by Jimmy Peterman and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 16) Motion to Dismiss—#02-3031 -Joseph & Rebecca Levy—204 SW I" Street. Attorney Tim Ryan stated that there is new ownership of the property and when there is a new owner between the time when the final order is entered and a motion to confirm fine is done it is dismissed as to the current owner. Because when the current owner purchased there wasn't a recorded final order, they asked that the case be dismissed and if the violations still exist then the new owner will need to be cited. Tim McLeod made a motion to dismiss. The motion was seconded by David Nuby and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 17) Motion to Dismiss - #02-2883 — Transglobal Real Estate Trust Inc. — 716 SW 9th Street. Dania Beach Code Board Summary Minutes 10 October 4,2004 5. Case#05-0942 John Baleanu, 4031 SW 54 Court - Motion to Confirm Fine Case #05-1405 Michael A. Calamatto & Catherine Rose Wygladdalski 4931 SW 40 Avenue—Motion to Confirm Fine Case# 05-0213 Roberta H Hansell, 23 SW 3 Street—Motion to Confirm Fine Case CEB01-0094 Nelson McCutcheon, 401 NW 3 Place, Authorization to Foreclose Case# 05-1008 Stewart C Kachel Rev Liv Tr., 4448 SW 51 Street, Motion to Confirm Fine Case# 04-1545 Donell& Michell Peterman, 608 W Dania Beach Blvd, Authorization to Foreclose A motion was made by Tim McLeod second by Jimmy Peterman to continue Eric Baker's cases until the next Code Board meeting. Motion carried a unanimous vote. 6. Case # 03-5807 Christine Taylor Est. 31 NW 14 Court Authorization to Foreclose Inspector: William Dubisky Violations: Ch 8 Art II Sec 8-21 4f Ch 14 Sec 14-2 Ch 15 See 15-1 FBC 104.1 Present for the Defendant: Phyllis Taylor} sworn in Disposition: Property is still in violation. Inspector William Dubisky requested abatement but agreed for the case to be heard as an abatement. Motion made by Jimmy Peterman, seconded by Tim McLeod to abate the fine to $2000. Motion carried by majority vote. 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O N O O O O U O O O O O O O O 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 O O O O O W a V! m U m co co § \ CO w � � j W w6 � JZ3 � 8 : LU22 � 20) -4 � � � § e § § ) k ■ mnm 2 � E f . to& § R � � W . _ \ ; & a � 010 LIJ ) ULLR - ' R ZI 0 » ` § / ¢ Q 0LL e a LU u . 2 Q 2 \ uj IL ) \ 0 _ k Z3k \_ R ) di « k } § _ ; � LU j A e § § A � [ � / § ? \ S � » � � lI � m 2 \ k § � LL 2 C .- 2 ( 2 � 2u : •• w $ w � . } & & & � / Zn \ k 0 \ { � £ z - « � oR § 3 � 4 - � § ) S2 U ° Q ck: ) � � AGENDA REQUEST FORM CITY OF DANIA Date: March 7, 2007 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for: Christine Taylor, Vac Lot E of 1481 W Dania Beach Blvd., Case#05-1410 Summary Explanation & Background: This was originally cited on September 7, 2005 for 1 violation, and was given 5 days to comply. This went to the Code Board on 11/07/05 for 1 violation. The Code Board issued an order giving the defendent until 1/12/06 to comply or a fine of$25.00 per day would be levied. At the 6/12/06 Code Board hearing the fine was confirmed. Foreclosure was approved at the 4/09/07 Special Magistrate hearing. The property was brought into compliance on 1/30/08. The fines ran from 1/12/06 through 1/30/08, 748 days @ $25.00 per day = $18.700.00 plus the recording fee of $175.50 for a total of$18,876.50. At the 3/3/08 hearing, the amount was abated to$3,600.00 as recommended to the commission by Special Magistrate Mark Berman. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Code Board. (2) Copy of the original violation letter issued. (3) Copy of the minutes from the 11/07/05, 6/12/06 Code Board hearings and at the 4/09/07, 3/03/08 Special Magistrate hearings. (4) Copy of the lien total sheet. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: At the 313108 Special Magistrate hearing, the abatement was recommended to $3,600.00 from the original amount of$18,876.50. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk I 04-�3- 0 6 (F,o CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #05-1410 municipal corporation PLAINTIFF, FINAL ORDER vs. CHRISTINE TAYLOR DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on November 7, 2005, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. Defendant, Christine Taylor, did allow the following code violation to exist at property Defendant owns located at Vacant lot E of 1481 W. Dania Beach Blvd., Dania Beach, Florida, which property is legally described as: MANN SUB 21-7 B LOT 3 (# 0233 13 0030): 1. Chapter 13, Health and Sanitation, Article ll, Section 13-34, Prohibitions, (a)(b)(c). There is trash, garbage, litter and miscellaneous debris and overgrown grass and weeds on the subject property. Failure to remove all trash, garbage, litter and miscellaneous debris and to cut/mow grass and weeds. FINAL ORDER #05-1410 PAGE 2 Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Christine Taylor: (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $25.00 per day will begin running 45 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendant, Christine Taylor, for the foregoing violation listed in paragraph b.(1), a fine of $25.00 per day, to begin running 45 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violation comes into compliance with said section of the City Code upon requested inspection. Upon complying, the Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this o2oo day of , 2005. DANIA BEACH CODE ENFORCEMENT BOARD Richard Bettor, Chairperson Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-1410 PAGE 3 Notary Seal: Sworn and subscribed before me this ,QY day of ?AVAP2i,fi; 2005. qNOARY4PUICSTATE OF FLORIDA Richard Bettor is personally known to me. upr My C. J Bfsndea Mmw DD1972E0 g j My Commissbn S Pm Wy10.2W7 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-1410 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Christine Taylor, this 1_day of -AJW , 2005. CERTIFIED MAIL 7002 2030 0003 1209 8735 AL COD ENFORC EN BOARD CLERK APPROVED 0 FORM AND CORRECTNESS TIM RYAN, S ECIAL CITY ATTO NEY Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-1410 Municipal corporation PLAINTIFF, FINAL ORDER vs. DEFENDANT CHRISTINE TAYLOR SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Board ("Board") 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Inspector Theodore Perez, on the City's Motion to Confirm Fine held on the 12`h day of June 2006, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 28th day of November 2005, a Final Order in the above captioned case commanding the defendant, Christine Taylor, to bring the violation specified in said Final Order into compliance on or before the 12th day of January 2006, or pay a fine in the amount of $25.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER #05-1410 2. That said violation occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: MANN SUB 21- 7 B LOT 3 (# 0233 13 0030). 3 That the Defendant, Christine Taylor, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Board that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the defendant, Christine Taylor, shall comply with said Final Order. Upon complying, the defendant shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendant has complied. 5. It is the order of this Board that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by defendant. DONE AN O DERED at Dania Beach, Broward County, Florida, this ) Day of , 2006. DANIA BEACH CODE ENFORCEMENT BOARD By: - Richard Bettor, Chairman Sworn to and subscribed before me this 1_ day of " 2006, By Richard Bettor, who is personally known to me. �e.n A AALJ NOTARY PUBLIC STATE OF FLORIDA SHARIANNPEARSON Rio '"arc Notary Public-state of Florida • N1yCornri�onE�YesMay11,2008 Return to: Patricia Varney 2sy�V Commission#DD 318233 Finance Director 0;,6: ` 8ondedflyNationalNotaryAssn. City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,FI 33004 SUPPLEMENTAL ORDER #05-1410 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, Christine Taylor, this �_ day of 12006. CERTIFIED MAIL # 7003 1680 0002 5106 4984 ACTIIIG CODE ENFORCEMENT BOARD CLERK APPROVED AS TO FORM AND CORRECTNESS TIMOTHY M RYAN, SPECIAL ITY ATTORNEY Also sent regular mail Return to: Patricia Varney 3 - Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,FI 33004 Air i. C g 9p-i6 _a 1 t ,�f /J�ClJG7� �% ���C�2 P J FLORIDA c TP September 7, 2005 /tb CHRISTINE TAYLOR Case Number: 05-00001410 31 NW 14TH CT DANIA BEACH, FL 33004-5109 Location: VAC LOT E OF 1481 W DANIA BCH BLV Folio: 5042-33-13-0030 Legal Description: MANN SUB 21-7 B LOT 3 Dear CHRISTINE TAYLOR: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances. We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation(s) and call for a re- inspection by September 12, 2005. Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Board for imposition of a fine and lien against the property even if the violation has been corrected prior to the Board hearing. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Si cer ly, THr. D RE REZ COD NS bTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7002 2030 0003 2169 9688 by ANA MARIA RESTREPO Also sent regular mail "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 w .ci.dania-beach.fl.us -- V1VLt111VLV LG1t111J CASE NUMBER 05-00001410 PROPERTY ADDRESS VAC LOT E OF 1481 W DANIA BCH BLV ---.w--- ------------------------------------------------------- VIOLATION: CH13 ART II SEC13-34A, B, C QUANTITY: 1 DESCRIPTION: CH13 , ART II SEC 13-34 A, B, C DATE: 9/07/05 LOCATION: NARRATIVE All trash, garbage, litter or other misc . debris must be removed from property. All grass and/or weeds, trees, shrubs and hedges must be cut, including the abutting rights-of-way and property mantained. ORDINANCE DESCRIPTION : Violation of Chapter 13 , Health and Sanitation, Article II, Secton 13-34, Prohibitions, (a) , (b) , (c) . It shall be unlawful for any owner or operator of promises within the city to allow the accumulation or to accumulate any garbage, litter, stagnant water, trash, untended vegetation, or to allow any discoloration, or any nuisance as defined in Section 13-21 upon the property. Each owner or operator of property within the city shall keep such property, and adjoining unpaved portions of the public right-of-ways, swales and canal banks, clean and free from any accumulation of garbage, trash or litter. The owners or .operators of all improved property within the city shall not be permit untended vegetation upon such property, and the adjoining portions of the rights-of-way, swales and canal banks . 2 Photographs presented and entered into evidence. Present for the Defendant: No representative Disposition: Property still in violation. Motion by Tim McLeod, second by David Nuby to give the defendant 30 days to comply, thereafter a fine of$100.00 per day shall be levied. Motion carried by unanimous vote. Case# 05-1394 Harold Eugene Acree,42 SW 4 Ave Inspector: Theodore Perez Violations: Ch.8, Sec.8-21(A) (2) G Ch.8, Sec.8-22(A) 3 Ch.8, Art.I1, Sec.8-21 A5A1 Ch.13, Art.1I, Sec.13-34 A, B, C 4 Photographs entered into evidence. Present for the Defendant: No representative. Disposition: Property still in violation. Motion by Tim McLeod and seconded by David Nuby to give the defendant 30 days to comply, thereafter a fine of$100.00 per day shall be levied. Motion carried by unanimous vote. Case# 1405 Michael A Colamatto & Catherine Rose Wygladdalski 4931 SW 40 Avenue Inspector: Eric Baker Violations: Ch.25, Div.6, Sec.25-125(E) Ch.14, Sec.14-2 Present for the Defendant: No representative Disposition: Property still in violation. Motion by Terrell McCombs, second by Tim McLeod to give the defendant 30 days to comply and thereafter a fine of$100.00 per day shall be levied. Motion carried by unanimous vote. Case #05-1410 Christine Taylor, Vac Lot E of 1481 W Dania Beach Blvd Inspector: Theodore Perez Violations: Ch.13, Art.11, Sec.13-34 A, B, C Dania Beach Code Board Summary Minutes 10 November 7 h, 2005 Present for the Defendant: No representative Disposition: Property still in violation. Motion by David Nuby, second by Tim McLeod to give the respondent 45 days to comply, thereafter a fine of$125.00 per day shall be levied. Motion carried by unanimous vote. Case# 05-1419 Joseph & Michael Mancusi, 142 SW 1 Avenue Inspector: Theodore Perez Violations: Ch.8, Art. I, Sec.8-21A 2, G Ch.8, Art.II, Sec.8-21 4F Ch.13, Art.II, Sec.13-34, A, B, C Ch.22, Art.I, Sec.22-1 3 Photographs entered into evidence. Present for the Defendant: No representative Disposition: Property still in violation. Motion made by Terrell McCombs, second by Tim McLeod to give the respondent 30 days to comply and thereafter a fine of$100.00 per day shall be levied. Motion carried by unanimous vote. Case# 05-1446 Watercrest Financial Corporation, 4485 Stirling Road Inspector: Eric Baker Violations: Ch.14, Art.II, Sec.13-34 A, B, C Ch.8, Sec.8-22 (A) (3) 7 Photographs identified and entered into evidence. Present for the Defendant: Judith Celestine Lynch, Property Manager} Jerry Nelson, General Contractor) sworn in. Disposition: Property still in violation. Motion by Tim McLeod, second by Terrell McCombs to give the defendant 7 days to comply on the trash violation (Ch.13), thereafter a fine of $50.00 per day shall be levied and 60 days to comply on the paint violation,thereafter a Dania Beach Code Board Summary Minutes 11 November 7`h, 2005 = 2 O N 0 m a a 0 v v 0 o c c O 'N N y O E N a ow E m a o 0 o a N U O c N N N a n a v v v v a a `o v v v v v v v v v E E E E E E € E E m v € mc` c` c` 'c o mQQcc` c` c` c` ww c` C C C C c C C C c c c C C L O O O O U ` y y O O O O O O O p p cp u v u u a > > U U U U U U U U U Y,{ H E U y N N N N C y 0 0 N N N N N N N t0 N y N n N N N N N c y N N N N N y N N N v N v St a o c c c c o Tr `o o` c c c c c c c c c 0'. 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O LL °D O i� Z t» F t1J W J J H 00 w ¢ L) WO Z J W it p t� N W W U. W U W W JOJO' Z F- � 0� Wt ZOZ 0 W (70 O U 2JZ d o _ WLT F m E N ZUW O Op g NA Z piiUCUU O = MN0 0 °p W SO E U O m J r p p J w W LLI W 0M � Z U O RN � LU � yy JMZQ wtoM coN uj > a co} M Q U F Q ~�= IQ— o � > OLL i 0Q. 0. 0.< o Ur F- Z Wa °y o N W O O d 0 W ZQ Q QNQ � o ; a � W) aM Lu 0 LLO J Q U J Q W AGENDA REQUEST FORM 3 q CITY OF DANIA Date: March 7, 2007 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for: Adolfo E Barrios & Zoja Fahmy, 43 SE 10 Terrace, Case#05-0613 Summary Explanation & Background: This was originally cited on April 8, 2005 for 2 violations and was given 10 days to comply. This went to the board on 12/05/05 for 2 violations. The board issued an order giving the defendant 30 days to comply or a fine of$125.00 per day would be levied. The compliance date was 1/18/06. This went back to the board on 2/06/06 for an extension of time making the new compliance date 4/18/06. The fine was confirmed at the 10/09/06 Special Magistrate hearing. The property was brought into compliance on 4/17/07. The fine ran from 4/18/06 thru 4/17/07 @ $125.00 per day for 364 days =$45,500.00 plus the recording fee of$212.00 which totals $45,712.00. At the Special Magistrate hearing on 3/05/07, the abatement request was denied. This went back to the Special Magistrate on 6/04/07 and a recommendation was made to abate the amount to$20,000.00. This went to the commission on 7/19/07, and the amount was abated to $10,000.00. Again it went back to the commission on 9/20/07, and the abatement amount of $10,000.00 was upheld. The respondent has asked to go before the commission in order to extend the payment amount of$10,000.00. Exhibits (List): (1) Copy of the Final Order, Supplemental Order, issued by the Code Enforcement Board and the Claim of Lien issued by the Special Magistrate. (2) Copy of the original violation letter issued. (3) Copy of board minutes from the 12/05/05, 2/06/06, and the 10/09/06, 3/05/07, 6/04/07 Special Magistrate hearings. (4) Copy of Lien sheet (5) Copy of Abatement hearing results from the 7/19/07 and 9/20/07 commission meeting. Purchasing Approval: Source of Additional Information: (Name &Phone) Recommended for Approval By: The respondent has asked to go before the commission in order to extend the payment amount of$10,000.00 as previously ordered by the commission. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-0613 municipal corporation PLAINTIFF, FINAL ORDER vs. ADOLFO E. BERRIOS & ZOJA FAHMY DEFENDANTS ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on December 5, 2005, after notice. Upon the evidence presented;the Board makes the following findings of fact: a. The board has jurisdiction of the Defendants and the subject matter of this action; and b. Defendants, Adolfo E. Berrios & Zoja Fahmy, did allow the following code violations to exist at property Defendants own located at 43 SE 10 Terrace, Dania Beach, Florida, which property is legally described as: HIGHLAND SQUARE 7-5 B LOT 9, 10 BLK C (# 1203 13 0360): 1. Chapter 15, Section 15-1, Occupational Licenses. The subject property is leased, rental income and/or multi-living property. Failure to obtain an occupational license for business. FINAL ORDER #05-0613 PAGE 2 2. Florida Building Code 104.1, Permits required. A detached carport, and an accessory structure were constructed on the subject property without permits and windows and doors were replaced on the subject property without permits. Failure to obtain permits and all inspections or remove all work. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendants, Adolfo E. Berrios & Zoja Fahmy: (a) have been found to be in violation of the above described code sections listed in paragraphs b.(1) and b.(2). A fine of $125.00 per day will begin running 30 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendants, Adolfo E. Berrios & Zoja Fahmy, for the foregoing violations listed in paragraphs b.(1) and b.(2), a fine of $125.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the Defendants must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendants have complied. If the Defendants do not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendants. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this /9 day of 2005. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-0613 PAGE 3 DANIA BEACH CODE ENFORCEMENT BOARD By: Achard Bettor, Chairperson Notary Seal: Sworn and subscribed before me this 19 day of 00tCP*u10At. 2005. O NOT Y PUBLIV STATE OF FLORIDA Richard Bettor is personally known to me. ;iona J Brandes -i'IN My Commission DD187260 ;?j Ypres May 10,2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-0613 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendants, Adolfo E. Berrios & Zola Fahmy, this I_ day of AtU P noh_ 12005. CERTIFIED MAIL 7002 2030 0003 1209 8551 COD ENFORCE ENT BOARD CLERK APPROVED AS TO FORM AND CORRECTNESS TIM RYAN, SPE IAL CITY ATT RNEY Also sent first c ass mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE#05-0613 municipal corporation PETITIONER FINAL ORDER VS. ADOLFO E. BERRIOS & ZOJA FAHMY RESPONDENTS SUPPLEMENTAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on February 6, 2006, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Respondents and the subject matter of this action; and b. At a Formal Hearing on December 5, 2005, the Code Enforcement Board determined that Respondents, Adolfo E. Berrios & Zoja Fahmy, did allow the following code violations to exist at property Respondents own located at 43 SE 10 Terrace, Dania Beach, Florida which property is legally described as: HIGHLAND SQUARE 7-5 B LOT 9, 10 BLK C (#1203 13 0360) : I FINAL ORDER #05-0613 PAGE 2 1. Chapter 15, Section 15-1, Occupational Licenses. The subject property is leased, rental income and/or multi-living property. Failure to obtain an occupational license for business. 2. Florida Building Code 104.1, Permits required. A detached carport, and an accessory structure were constructed on the subject property without permits and windows and doors were replaced on the subject property without permits. Failure to obtain permits and all inspections or remove all work. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Respondents, Adolfo E. Berrios & Zoja Fahmy: (a) have been found to be in violation of the above described code sections listed in paragraphs b.(1) and b.(2). A fine of $125.00 per day was scheduled to begin running 30 days from the date this order was signed by the Chairperson of the Board. The original order was signed on December 19, 2005. (b) At the Formal Hearing on February 6, 2006, the City of Dania Beach Code Enforcement Board has granted Respondents' request for extension on imposition of the fine until April 18, 2006. (c) Except as expressly amended herein this board's order in this case signed December 19, 2005, shall remain in full force and effect. ORDERED at Dania Beach, Broward County, Florida, this day of �.� , 2006. DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, Chairperson Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-0613 PAGE 3 Notary Seal: Sworn and subscribed before me this .�LR_ day of 1?2 o. 2006. qNO0Y!P4U1C STATE OF FLORIDA Richard Bettor is personally known to me. boo� Gloria J Brandes My Commission=87250 VV Expires May 10,2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 i FINAL ORDER #05-0613 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondents, Adolfo E. Berrios & Zoja Fahmy, this 28 day of 2006. CERTIFIED MAIL 7003 1680 0002 5106 4779 4DEFORC EA-TBAARK APPROVED A 0 FORM AND CORRECTNESS V TIM RYAN, S ECIAL CITY AT ORNEY Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-0613 Municipal corporation PETITIONER, FINAL ORDER vs. ADOLFO E. BERRIOS & ZOJA FAHMY RESPONDENTS SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Special Magistrate having received the testimony and affidavit of Code Officer, Theodore Perez, on the City's Motion to Confirm Fine held on October 9, 2006, and based on the evidence, the Code Enforcement Special Magistrate enters the following findings of fact and order: 1. That the Code Enforcement Board did enter on the 28th day of February 2006, a Supplemental Order in the above captioned case commanding the Respondents, Adolfo E. Berrios & Zoja Fahmy, to bring violations specified in said Final Order into compliance on or before the 18th day of April 2006, or pay a fine in the amount of $125.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER #05-0613 2. That said violations occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: 43 S.E. 10 Terrace Dania Beach, FI. 33004: HIGHLAND SQUARE 7-5 B LOT 9, 10 BILK C (#1203 13 0360). 3. That the Respondents, Adolfo E. Berrios & Zoja Fahmy, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Code Enforcement Special Magistrate that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the Respondents, Adolfo E. Berrios & Zoja Fahmy, shall comply with said Final Order. Upon complying, the Respondents shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Special Magistrate whether Respondents have complied. 5. It is the order of this Code Enforcement Special Magistrate that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by Respondent. DONE ANDR RDERED at Dania Beach, Broward County, Florida, this 3 Day of D l0Uvm 2006. Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,F1 33004 SUPPLEMENTAL ORDER #05-0613 DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE a1AR1AlM MAIM :C] %MV pm*.air 'By' Gordon E. Linn, Esq. Sworn to and subscribed before me this 3 day of OU 06, by Gordon Linn, who is personally known to me. ( I NOTARY PUBLIC STATE OF FLORIDA CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondents, Adolfo E. Berrios & Zoja Fahmy, this � day of �O!/Lnt , 2006. CERTIFIED MAIL # 7006 0810 0003 7724 0803 V GPAC AA,� ACf ING CODE ENFORCEMENT SPECIAL MAGISTRATE CLERK Also sent regular mail Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 �� FLORIDA t'tow Jr° ' r April 8, 2005 ADOLFO E BERRIOS & ZOJA FAHMY Case Number : 05-00000613 43 SE 10 TERR DANIA BEACH, FL 33004-4322 Location: 43 SE 10 TER Folio: 5142-03-13-0360 Legal Description: HIGHLAND SQUARE 7-5 B LOT 9, 10 BLK C Dear ADOLFO E BERRIOS & ZOJA FAHMY: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference . You are required to correct the violation (s) and call for a re-inspection by April 18, 2005 . Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached viclation (s) , please do not hesitate to contact me . S i�n/ce�r l� y, Uj'\WIL\�"t-:! WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7003 3110 0000 8258 8512 by ANA MARIA RESTREPO Also sent regular mail "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 C-ASE NUMBER 05-00000613 PROPERTY ADDRESS 43 SE 10 TER ------------------------ ------------------------- - --------- -- - VIOLATION: CH 15 , SEC 15-1 OCCUP LIC QUANTITY: 1 DESCRIPTION: CH 15, SEC 15-1 OCCUP LIC LEAS DATE: 4/08/05 LOCATION: NARRATIVE City of Dania Beach Occupational License must be obtained for any/all leased, rental, income and/or multi living properties . ORDINANCE DESCRIPTION Violation of Chapter 15, Section 15-1 . Occupational Licenses . Operating a business without a valid Occupational License is prohibited. ------------------------- ------------ ----- -- - - ---------------- VIOLATION: FBC 104 . 1 W/O PERMIT QUANTITY: 1 DESCRIPTION: FBC 104 . 1 W/O PERMIT DATE: 4/08/05 LOCATION: NARRATIVE Obtain required permit (s) and inspection (s) or remove all work ORDINANCE DESCRIPTION Violation of the Florida Building Code 104 . 1, permits required. Detached carport built without permit . Accessory structure built without permit . Windows and doors replaced without permits . fine of $100.00 per day shall be levied. Motion carried by unanimous vote. Case#05-0613 Adolfo E Berrios & Fahmy Zoja, 43 SE 10 Ter Inspector: William Dubisky Violations: Ch 15, Sec 15-1; FBC 104.1 l photo entered into evidence Present for the Defendant: No representative Disposition: Property is still in violation. Motion by Terrell McCombs, second by Tim McLeod to give the respondent 30 days to comply or thereafter a fine of 5125.00 per day would be levied. Motion carried by unanimous vote. Case #05-1389 J. Glezelis LLC, 4627 SW 34 Ter Inspector: Gary Phaneuf Violations: Ch 28, Zon, Sec 4.20 2 photos entered into evidence Present for the Defendant: No representative Disposition: Property is still in violation. Motion by Tim McLeod, second by Judy Jensen to give the respondent 30 days to comply or thereafter a fine of $100.00 per day would be levied. Motion carried by unanimous vote. Case#05-1476 Veneza Villas LLC, 4432 SW 52 St Inspector: Eric Baker Violations: Ch 13, Art II, Sec 13-34abe 3 photos entered into evidence Present for the Defendant: No representative Disposition: Property is still in violation. Motion by David Nuby, second by Tim McLeod to give the respondent 30 days to comply or Dania Beach Code Board Summary Minutes 5 December 5, 2005 5. Case #05-0613 Adolfo E. Berrios & Zoja Fahmy, 43 SE 10 Terrace Request for Extension Inspector: William Dubisky} sworn in Violations: Ch 15 Section 15-1 FBC 104.1 Present for the Defendant: Zoha Fahmy) sworn in Disposition: Property is still in violation. Inspector Dubisky recommended 60 day extension. Motion made by Jimmy Peterman, seconded by David Nuby, to give the defendant a 60 day extension from 2/6/06 to comply. Motion carried by unanimous vote. The motion was amended David Nuby seconded by Tim McLeod to give a 90 day extension from 1/18/06. Case #05-835 Bryan Road Investments LLC 80 SW 8 Avenue Request for Extension Inspector: William Johnson Violations: Ch 2 Admin Article IV Sec 2-72 Unit Present for the Defendant: Moshe Levy) sworn in Disposition: Property is still in violation. A recommendation was made by William Johnson to deny the extension. Motion made by Jimmy Peterman, seconded by Judy Jensen to deny the extension. Motion carried by unanimous vote. Case# 04-1305 Lawrence De Brito 60% Robert De Brito ETAL 4055 SW 50 Street Inspector: William Dubisky Violations: Ch 8 Article II Section 8-21 (A) (2) (G), Ch 22, Section 22-14.20 IROM Ch 39 Article X Sec 39-132a& 39-133 Ch 39 Article XVI Sec 39-275 613 Stor Dania Beach Code Enforcement Board 2/06/06 2 T >. o o an d d d d d d m m c c c c c c c c n c c E c c c c c c c c N c E m c w w w w c w w c w 0, m o (yp m m T T T T T T m m mU m m m m m m m m� a a 00 'm0 pc) T o '0 D � .O � 'O V V 'O 'O 'O 'O C C m 'O N N N c N N N N C 0 N N N E m o N N N N N N N N N N N N N 0fNA 0iNR fR 'aC fooNnA f00NaA f00nR woyN mmy foonA Mo0Nn� o'O yT 0Nn 0oC 00c On Oa 0a 0n 0n 0n on on Ed Em Imn o mM oo 0 E 0 0 O O 0 0 0 0 0 0 0 0 000 o 0 ^ 0 0 0 0 o0 00 0000 m m o O N O O O N O O NOOOc cm N 1 NINI A —o0n 'm> NN0 O ( f ( F (A (A (A ( � — fA fA c 3 0 m o o E E E E E 0 88 o `0 0 0 `o `0 `0 w 0 m o a `O m y ,m 0 0 ' w `0 0 w `o `o w e `o `o `o `o 'o "o `0 `0 w I�l y y y c y y y r O 0 y 0 N y E g V N Ul N N N N y c V) y C y N c c Iq y y y J J y y c T T T y T T T J T T T U T E O N T �- O) c W O y c T T c T T T T T T c c T m m m J m m m m m m m c m o 0 c m 0 m O m - - m m m m m m m m �, �, m m 0 m o00 -boo 00o c « � y0 c � = EL E c m c -ov c 'o 'o c cv � -o � R' M 0) M (nmoMZMN o) U_ 3M d' V- L 300) Q 'O QU U- `O wmMI.L MMIL ILM a MMUU to toLL H O O N m m _ C m c c _ o Q Q _ m QQ mod' > Q � � (J � Q o co c c c a 01 0) 7 m (U V7 > A (/7 (n (n Q C r Q (/J 67 O) M V W W (D c C m C N N N V >Q Q >N >N N C4 F- NN Q N N N M N R >7 N N N N >O M> J H N N N > > > > > W a1 O O) N M e- w mxm c7 (n (n (n (n (n (n US co 3 3 33c� (n (n (n (n (n En (n c7 (n w 0 0 0 O A 0 0 U) m co U) N N N Z N U) Z (n N �- M A O M N W N (n c N o 0 7 0 O O A (o O (o O N N N (o N O u) O M N O 9 M N O O 00 N w N 7 (o O 0) O v 7 a 0 N M O m M V V W w N A N N A M y Q N M a N N 7 N O p M N N N N M N M C C N N N N N N V M A V ti v rn (0 � L � U 0 n N 0 @ C 'ate N ` V @ ` — 0 m O O m O m w J L e0 0_ N T c E 0 J W w5 z LL E W a0 KS 00 y a m w ` N N N 10 N N to y y N c J OI y C N J m °6 Q N L O N N -O N T c U N O O y O O 0 D_ = p) c r n m e C m � m m m m c � m U a E 9 C Y 2 `y O O N N J O Y 'n 'E .m .m D m 0 0 c c m d E 0 - m L J m m (n mV) V a x O y ny .O m m M 0 = c m U/ L 2 W �' U O m E oao0 � ' Ew m � L Q Q Q m2 � mZ d m 16 ~ w m3 miLm xE � v o,-2 m ' "0 > U -oo y E E E ar oxwa ma E N 0x co °3 0 a) m m m o m 0 m `o m 0 y m o c c 2 m m m J c y t m 1° o to L (O y �«. m2 � � m� UE � a�i � `om ma Z` of = _ = ooa3o � vo � - amiE � mmO -Oo zmIRo: m2E3 xo: w0 ❑ Q m ofL) 3J (7K � � (Lw � > 3K � � � OYQ to A V' O N I N N A N N V A N M (o at (o O N N N (o N M M (O N 0) M O N 00 A M 7k D) O 0) w � N O u) M N N m N O M , w 0 0 0 O a 0 o 0 v O D O 00 N � m M O O O O O p p O O O O O O - .- - - @ (O (D (O to 6 6 N In In 6 U7 66 In 66 w U O O O 010 010101010101 O O O O O U O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d a N N U a a @ a a a a a a a a a a d a) `m 0 (D d d `m a)a C a ro d 0 0 0 a a a a a a a a a p p O (O ) 0 0 0 O O O O O O 0 O O T O p p >+00 O T T p >.N I� r O O O O O O O O O O O V N ( V U O .� �"' N N O O O O O O O O O V (O (O O_ N_ O O _ 0 (O (O _O (O (O O 0 i0 O LO r M (A a C C 0. 00. fA a C C C (A fA (A (A (A (A fA to VA p_ > 0 0 o o O o o Q O o 0 0 `o 0 0 0 0 0 `o `o D o c N a) O a m p O a) o Cl CI CI 0) 0 0 N a) a) a) 0 0 0 C_ C_ 0 .0 C O O C_ 0 .0 .0 .0 0 N M (a C C N C C C w w w w N N (afA '�'(m o (A @ EA @ @ @ cc @ @ cc @ (afA O 0 0 0 0 O `O O O O O O O O O 0 0 N r r m inoo `o 0 o 0 0 0 o ccad a� r a) ao rn (a (u@ (n u (n (n Ln a 0 O O O O 0 O 0@@ @@ @ (n (O (n (n n(o v 00 0 0 0 0 0 0 o O O O o r o o m r o 0 0 O o o o rd� a a N 4 a o a a a a a a a a a a 0 fA 69 O a) a f» W v> a) m a) a) a) m a) a) a) > > o > > > > > > > > > > 0 0 v m m v v O a is is m o 0 0 0 0 0 0 0 0 o. a >1 a T T a T a a s O. a a a a a s o. a T Q a a� a) 4) M a m d a) a) a a a a a a a a a l d @ @ o E E d w @ d E E E @ @ @ @ @ @ @ @ @ a) U C C C C C C C C C U C O O (cp C `c N N (cp C C C O O O O O O O O O T E a� jp jO O O ' O O O ja @ l0 (a l0 M fa l0 @ of n n E 0 d E E Q E a� 0 d a n a a a a a a 'a E m m m � U w ILL U U rn U LL LL LL n n n n n <n n n n U Q 0 0 in 0 v � QUU F- Q > _ in d 0 (n C7U CN V 1, V [r (/) F (n > O_ N U V Q U Q (/) SF N O p r M (O (D r V u7 M O in (n (n (n (n (n � � � � (n � � w (n (nMMo oo (n (n (n Z N U) r (n z tornw a U O M Cl) Cl) N V (O M U N O V' MN O Z O) ITU m a O CO CO l0 M 'r 1- N. 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Dania Beach Blvd. Dania Beach, FL 33004 ABATEMENT HEARING DATE: 07/19/07 6:00 pm PROPERTY OWNER: ADOLFO BERRIOS & ZOHA FAHMY PROPERTY FOLIO # 1203-13-0360 On this date your case has been heard before the City Commission of the City of Dania Beach, Florida. The following decision has been made. CODE ENFORCEMENT ORDER(S) CASE CEB-05-0613 HAS BEENABATED TO THE AMOUNT OF: $ to 000 ' o0 THIS AMOUNT IS DUE WITHIN: 30 DAYS FROM THIS HEARING DATE ABOVE. If this abated amount is not paid by this due date the Code Enforcement Order against your property will revert back to the original enforced order and you will lose the right to come before the Commission again for abatement. I the property owner or representative signs this agreement with full understanding of the information held within. 1�-C-ir Property Owner/Representative �- Signature' l= /1 A/ PRINT NAME WITNESS: PRINT NAME ALL PAYMENTS MUST BE IN THE FORM OF A CASHIERS CHECK OR MONEY ORDER, AND MADE OUT TO THE - CITY OF DANIA BEACH Attn: A/R Dept Contact the Accounts Receivable Dept. for any further questions you may have. 954-924-3662 Created by Linda Mason ABATEMENT HEARING AGREEMENT FORM CODE ENFORCMENT 1203-13-0360 07-12-07 Hearing.doe City o (Dania (Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 ABATEMENT HEARING DATE: 09/20/07 6:00 pm PROPERTY OWNER: ADOLFO BERRIOS & ZOHA FAHMY PROPERTY FOLIO # 1203-13-0360 On this date your case has been heard before the City Commission of the City of Dania Beach, Florida. The following decision has been made. CODE ENFORCEMENT ORDER(S) OR LOT MOWING LIEN(S) CASE #05-0613 HAS BEEN ABATED TO THE AMOUNTOF. 5_ O no THIS AMOUNT IS DUE WITHIN:_ 90 _ DAYS FRO.0 THIS HEARING DATE ABOVE. If this abated amount is not paid by this due date the Code Enforcement Order against your property will revert back to the original enforced order and you will lose the right to come before the Commission again for abatement. I the property owner or representative signs this agreement with full understanding of the information held within. Property Owner/Representative ML 9— Signature PRINT NAME V1'ITNESS: PRINT NAME ALL PAYMENTS MUST BE IN THE FORM OF A CASHIERS CHECK OR MONEY ORDER, AND MADE OUT TO THE CITY OF DANIA BEACH Attn: A/R Dept Contact the Accounts Receivable Dept. for any further questions you may have. 954-924-3662 Created by Linda Mason ABATEMENT HEARING AGREEMENT FOKNI CODE FNFORCDiF.NT FORM TO L:SE.doc AGENDA REQUEST FORM 3 CITY OF DANIA Date: January 25, 2007 Agenda Item#: Title: Request for Abatement Requested Action: G•:oU.YT Consideration of the Abatement Request for: Robert R. Spiece Jr., 105 SW 1 Street, Case#05- 1572 Summary Explanation & Background: This was originally cited on October 17, 2005 for 5 violations, and was given 10 days to comply. This went to the Special Magistrate on 12/05105 for 5 violations. The Special Magistrate issued an order giving the respondent 21 days to comply or a fine of$250.00 per day would be levied. The compliance date was 1/19/06. The fine was confirmed at the 5/08/06 Special Magistrate hearing. The property was brought into compliance on 1/22/07. The fine ran from 1/19/06 through 1/22/07, 368 days @ $250.00 per day=$92,000.00 plus the recording fee of$176.50 for a total of $92,176.50, At the Special Magistrate hearing on 1/22/07, Special Magistrate Mark Berman recommended to authorize possible foreclosure. At the 11/05/07 hearing, Special Magistrate Mark Berman recommended an Abatement of$5000.00 to City Commission. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Special Magistrate. (2) Copy of the original violation letter issued. (3) Copy of the minutes from the 5/08/06, 1/22/07. and 11/05/07 Special Magistrate hearings. (4) Copy of the lien total sheet. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: At the 11/06/07 Special Magistrate hearing, the abatement was recommended to$5,000.00 from the original amount of$92,176.60. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-1572 municipal corporation PLAINTIFF, vs. ROBERT R. SPIECE JR DEFENDANT FINAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on December 5, 2005, after notice. Based upon the evidence presented, the Code Enforcement Special Magistrate makes the following findings of fact and conclusions of law: a. The Code Enforcement Special Magistrate has jurisdiction of the Defendant and the subject matter of this action; and b. Defendant, Robert R. Spiece, Jr., did allow the following code violations to exist at property Defendant owns located at 105 SW 1 Court, Dania Beach, Florida, which property is legally described as: TOWN OF DANIA B-49 D LOT 3 BLK 26 (# 0234 01 3621): FINAL ORDER #05-1572 PAGE 2 1. Chapter 8 Buildings, Article II, Property Standards; Section 8-21 (a)(5)(d). Minimum standards for dwellings, hotels, and rooming houses. There are open spaces not covered by hard surface or sod on the subject property. Failure to cover those areas not covered by hard surface with sod as required by this ordinance. 2. Chapter 26, Vegetation, Article IV, Landscaping, Section 26-53(h)(1). Plant material and installation requirements. Replacement Requirements. Irrigation systems of an automatic type shall be required on all new and transplanted materials. Failure to submit irrigation plan, obtain permits, install irrigation system for all newly planted sod and obtain required inspections. 3. Chapter 13, Health & Sanitation, Article II, Section 13-34, Prohibitions (a)(b)(c). There is trash, garbage, litter or other miscellaneous debris and overgrown grass and/or weeds on the subject property. Failure to remove all trash, garbage, litter or other miscellaneous debris and to cut overgrown grass and/or weeds including the abutting rights of way on the property. 4. Chapter 8, Section (5) a 3, minimum standards for dwellings, hotels and rooming houses. Maintenance and appearance standards. There are paved/parking areas on the subject property that are in disrepair. Failure to pave, repair or replace all paved/parking areas on the property. A permit will be required for new work or repaving. Upon consideration thereof; it is thereupon ORDERED: 1. Defendant, Robert R. Splece Jr.: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) through b.(4). A fine of $250.00 per day will begin running 21 days from the date this order is signed by the Code Enforcement Special Magistrate. The City of Dania Beach shall have and recover from Defendant, Robert R. Spiece, Jr., for the foregoing violations listed in paragraphs b.(1) through b.(4), a fine of $250.00 per day, to begin running 21 days from the date this order is signed by the Code Enforcement Special Magistrate. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-1572 PAGE 3 Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Special Magistrate whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. 01 DERED at Dania Beach, Broward County, Florida, this day of i 2005. CODE ENFORCEMENT SPECIAL MAGISTRATE By: Mark E. Bermaq, E Notary Seal: Sworn and subscribed before me this A Tr day of ttd • 2005. NOT Y 4 PUBLIC TA E OF FLORIDA Mark E. Berman is personally known to me. y,y Glom J 0randes My commission Doi 87260 '�o,. d; Expires May 10,2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-1572 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Robert R. Spiece Jr., this a9 day of 2005. CERTIFIED MAIL 7002 2030 0003 1209 9138 COD NFORCE NT PECIAL MAGI TRATE CLE K Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-1572 Municipal corporation PETITIONER, FINAL ORDER vs. ROBERT R. SPIECE JR RESPONDENT SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Special Magistrate, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of inspector Theodore Perez, on the City's Motion to Confirm Fine held on the 8th day of May 2006, and based on the evidence, the Code Enforcement Special Magistrate enters the following findings of fact and P 9 9 9 order: 1. That the Code Enforcement Special Magistrate did enter on the 29th day of December 2005, a Final Order in the above captioned case commanding the Respondent, Robert R. Spiece Jr, to bring the violations specified in said Final Order into compliance on or before the 19th day of January, SUPPLEMENTAL ORDER #05-1572 2006, or pay a fine in the amount of $250.00 per day for each day of non compliance thereafter. 2. That said violations occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: TOWN OF DANIA B-49 D LOT 3 BLK 26: (# 0234 01 3621): 3. That the Respondent, Robert R. Spiece Jr, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Code Enforcement Special Magistrate that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the Respondent, Robert R. Spiece Jr, shall comply with said Final Order. Upon complying, the Respondent shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Special Magistrate whether Respondent has complied. 5. It is the order of this Code Enforcement Special Magistrate that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by Respondent. Return to: Patricia Varne} 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach. Fi 33004 SUPPLEMENTAL ORDER N05-1572 DONE AN� ORDERED at Dania Beach, Broward County, Florida, this .5 Day of_�wi i 2006. DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE By: Ma . Berman Esq. Sworn to and subscribed before me this day of l 2006, by Mark E. Berman, Esq., who is personally known to i SHOLANN PFARSON °OB� _Notary PuWk-State of Florida NOTARY PUBLIC STATE OF FLORIDA WCamr*bnr�0wMoy 11.2008 � � Commtulon#DD 318233 ' 50" BorWed9yNa.8onalNotoryAun. CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondent, Robert R. Spiece Jr, this day of , 2006. CERTIFIED MAIL # 7001 1940 0002 6631 5485 lit ACTING CODE ENFORCEMENT SPECIAL MAGISTRATE CLERK Also sent regular mail Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 !P71 FLORIDA October 17, 2005 ROBERT R SPIECE JR Case Number: 05-00001572 7250 GRIFFIN ROAD DAVIE, FL 333144124 Location: 105 SW 1 CT Folio: 5042-34-01-3621 Legal Description: TOWN OF DANIA B-49 D LOT 3 BLK 26 TOWN OF DANIA B-49 D LOT 3 BLK 26 Dear ROBERT R SPIECE JR: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances. We have attached the ordinance section (s) and corrective actions for your reference . You are required to correct the violation (s) and call for a re- inspection by October 27, 2005. Failure to comply will result in prcceedings against you by the Code Enforcement Special Magistrate, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Special Magistrate for imposition of a fine and lien against the property even if the violation has been corrected prior to the hearing. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me . l�u• -- �--kj WILLIAM DCBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7003 3110 0005 3533 3683 by SHARIANN PEARSON Also sent regular mail "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 w .ci.dania-beach.fl.us Viul'AiluN llCl lL:1L YH110 1 CASE NUMBER 05-00001572 PROPERTY ADDRESS 105 SW 1 CT ----- ----- - - ------ ---------------- - - --- ----- - - - -- --- ----- ----- VIOLATION: CH. 8 ,ART. II „ SEC. 8-21B4A QUANTITY: 1 DESCRIPTION: CH. 8 ,ART. II , SEC. 8-21 (B) (4)A DATE : 10/17/05 LOCATION: NARRATIVE Obtain roofing contractor and replace roof and put into a good state of repair and make watertight . ORDINANCE DESCRIPTION : Violation of Chapter 8, Article II , Property Standards; Section 8-21 (b) (4) a . General Requirements for all dwellings, dwelling units, hotels, hotel Units, rooming houses, and rooming units . Foundations, floors, walls, ceilings, roofs, windows and doors and all other building parts shall be structurally sound, weather-proof, watertight and rodentproof, and shall be kept in a good state of repair. Roof surfaces shall be watertight . -------- - - - - ----- -- ----- ------ -------- ------ - - ----- - - ----- ---- VIOLATION: CH 8 ART II SEC 8-21A(5) D QUANTITY: 1 DESCRIPTION: CH 8 ART II SEC 8-21A(5) D DATE : 10/17/05 LOCATION: NARRATIVE All open spaces not covered by hard surface shall be covered with sod. ORDINANCE DESCRIPTION Violation of Chapter8 Buildings, Article II, Property Standards; Section 8-21 (a) (5) d. Minimum standards for dwellings, hotels, and rooming houses . Live vegetive material shall provide complete coverage of the entire yard area exposed to public view. Height shall conform with all applicable city ordianances . - ---- - - --- ---- ----- - - -- --- - ---- - ---- -- -- - - - ------ ---- -- - - - -- - - VIOLATION: CH. 26,ART. IV, SEC . 26-53 (H) QUANTITY: 1 DESCRIPTION: CH. 26 ,ARTIV, SEC. 26-53LANDSCAPE DATE : 10/17/05 LOCATION: NARRATIVE . Submit irrigation plan and obtain permits and inspection and install irrigation system for all newly planted sod. ORDINANCE DESCRIPTION : Violation of Chapter 26 , Vegetation, Article IV, Landscaping, Section 26-53 (h) (1) . Plant material and installation requirements . Replacement Requirements . Irrigation systems of an automatic type shall be required on all new and transplanted materials . All irrigation systems shall be designed to have a minimum of one hundred (100) percent coverage with a one hundred (100) percent overlap . Drip, trickle or other non-visible irrigation systems will V 1VLH1ICiN LM I t I Y CASE NUMBER 05-00001572 PROPERTY ADDRESS 105 SW 1 CT ORDINANCE DESCRIPTION : be permitted if designed and approved on the irrigation plan. --- - - ---- -- --- - --- ----------------- - - - - - - -- - -- - -- - - -- -- ------- VIOLATION: CH. 13 ,ART. II , SEC. 13-34ABC QUANTITY: 1 DESCRIPTION: CH. 13 ,ART, II , SEC . 13-34 A , B, C DATE : 10/17/05 LOCATION: NARRATIVE All trash, garbage, litter or other miscellaneous debris must be removed from property. All grass and/or weeds must be cut , including the abutting rights-of-way and property maintained. ORDINANCE DESCRIPTION Violation of Chapter 13 , Health & Sanitation, Article II , Section 13-34 , Prohibitions, (a) , (b) , (c) . It shall be unlawful for any owner or operator of premises within the City to allow the accumulation or to accumulate any garbage, litter, stagnant water, trash, untended vegetation, or to allow any discoloration, or any nuisance as defined in section 13-21 upon the property. Each Owner or Operator of property within the City shall keep such property, and the adjoining unpaved portions of the public rights-of-way, swales and canal banks clean and free from any accumulation of garbage, trash, or litter. The owners and operators of all improved property within the city shall not permit untended vegetation upon such property, and the adjoining portions of the rights-of-way, swales and canal banks . - - -- -- ---- ---- -- --- -- --- - -- - - ---- - ----- - - - - - - --- - - --- -- - - -- - - - VIOLATION: CH. 8, SEC. 8-21 (5)A3 QUANTITY: 1 DESCRIPTION: CH. 8, SEC. 8-21 (5)A3 OFF STR PRK DATE : 10/17/05 LOCATION: NARRATIVE All paved areas and/or parking area including the swale must be paved, repaired or replaced and maintained. (Permit required for new work or repaving) . ORDINANCE DESCRIPTION : Violation of Chapter 8 , Section (5) a 3 , minimum standards for dwellings, hotels and rooming houses . Maintenance and appearance standards . All off street parking, parking spaces , and paved areas including the swale area shall be paved with asphalt or constructed of concrete and shall be of smooth surface and shall be maintained in a state of good repair. No Representation Disposition: Property is still in violation. A recommendation was made by Inspector Perez to confirm the fine at $250.00 a day, because the property owner has not made any attempts to bring the property into compliance. Special Magistrate Berman ordered the fine to continue running. 05-0356 Vernia L Nicks, 2640 SW 54 Street Motion to Dismiss Violation: CH. 39 ART. X SEC. 39-132 A & 39-133 Present for the Respondent: Vernia L Nicks Disposition: Property has been brought into compliance. Attorney Tim Ryan stated the fine has been paid and the case can be dismissed. Special Magistrate Berman ordered to dismiss. CEB01-0165 Harold Eugene Acree, 42 SW 4 Avenue Request for Abatement Inspector: Eric Baker Violation: CH. 13 SEC. 13-23 Present for the Respondent: No Representation Disposition: Property has been brought into compliance. A fine of$235,000 exists on the property. However Attorney Joyce Slater informed Attorney Tim Ryan this would be uncollectible due to homestead on the property. Attorney Tim Ryan requested an abatement for the property being homestead, the owner is deceased, and the lien could potentially be uncollectible since there are no additional assets of the estate. Special Magistrate Berman ordered for the abatement in the amount of$3,000.00. .5. NEW BUSINESS 05-1768 Bruce R & Regina C Hannover, 617 NE 2 Place Inspector: Theodore Perez Dania Beach Special Magistrate Minutes 4 5 8106 W F Q D p (D p O (o m U J N O N 0 0 0 U, 10 LL O) W a N r O O tD m V Q Nm W � m � Q Y J O o W m u Lu N H N N W W p N N Z J W W W W J LL n w LL a O LL LU W rriV Z0p0 U) ZZ Omm J � LL IY IY a a m m Z J W O O Wu LL U w W W N � w w w x W W Z Q Y N N LL W W W U 004 rl OW V) NLLLL J fGa � U) U' U' U' � � O Jc p Q Q Q p 0 U a a a N p N w o � gv) ar� O A C C � N W O W 0 o y `n N U LL y r � � o pp� v �Vl M O N O � Q W O n r� FZoO z O LL N 0 Z ~ N Q N W LU J J V J Ln0 tO r�Oi U U r� st p 0 W Q w O � J c°9'® E O m a z < 0 g Z a� C E O NQpF Lc tT t ^o N 0 J u o N N ofM0 � U 70 � N _ T UOZ � LpN C ,p C , aioo0 Z !�d W C) a O / N W r vo r` W � W OJw 0 9 AN o Lp y Z J QU p 0 p N W G u O W p C J Q 0 LL J Q U AGENDA REQUEST FORM 3 CITY OF DANIA Date: January 25, 2007 Agenda Item #: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for: Lois L. Strickland, 206 NW 5 Avenue, Case#06- 0200 Summary Explanation & Background: This was originally cited on January 27, 2006 for 8 violations, and was given 30 days to comply. This went to the Special Magistrate on 6/19/06 for 8 violations. The Special Magistrate issued an order giving the respondent 45 days to comply or a fine of$100.00 per day would be levied. The compliance date was 9/01/06. The fine was confirmed at the 10/09/06 Special Magistrate hearing. The property was brought into compliance on 11/29/07. The fine ran from 9/01/06 through 11/29/07, 454 days @ $100.00 per day = $45,400.00 plus the recording fee of$168.00 for a total of$45,568.00. At the Special Magistrate hearing on 5/07/07, Special Magistrate Mark Berman recommended to authorize possible foreclosure. At the 1/07/08 hearing, Special Magistrate Mark Berman recommended an Abatement of$9,000.00 to the City Commission. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Special Magistrate. (2) Copy of the original violation letter issued. (3) Copy of the minutes from the 6/19/06, 10/09/06, 5/07/07, and 1/07/08 Special Magistrate hearings. (4) Copy of the lien total sheet. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: At the 1/07/08 Special Magistrate hearing, the abatement was recommended to $9,000.00 from the original amount of$45,568.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-0200 municipal corporation PETITIONER vs. Lois L. Strickland RESPONDENT FINAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on June 19, 2006, after notice. Based upon the evidence presented, the Code Enforcement Special Magistrate makes the following findings of fact and conclusions of law: a. The Code Enforcement Special Magistrate has jurisdiction of the Respondent and the subject matter of this action; and b. Petitioner, City of Dania Beach, and Respondent, Lois L Strickland, executed a Stipulation which is approved by the Code Enforcement Special Magistrate and incorporated into this order by reference. C. Respondent, Lois L Strickland, did allow the following code violations to exist at property Respondent owns located at 206 NW 5 Avenue, Dania Beach, Florida, which FINAL ORDER # 06-0200 PAGE 2 property is legally described as: TOWN OF DANIA B-49 D LOT 22 BILK 3 (#0234 01 0310) : 1. Chapter 8, Article II, Section 8-21 (a)(4)(f). Minimum standards. Fence is in a state of disrepair. Failure to repair fence; permit required for replacement. 2. Chapter 8, Article II, Property Standards, Section 8-21 (a)(2)(g). Minimum standards. Failure to remove material covering window. 3. Chapter 8, Article Il, Section 8-21(a)(5)(d). Minimum standards. Failure to remove graveled surface and replace with sod. 4. Chapter 13, Section 13-21. Accumulation of waste products and/or dirt and grime. Failure to clean, sanitize and maintain all areas. 5. Chapter 13, Health and Sanitation, Article Il, Section 13-34, Prohibitions, A, B, C. There is trash, garbage, litter or other miscellaneous debris and overgrown grass and/or weeds, trees, shrubs and hedges on the subject property. Failure to remove trash, garbage, litter or other miscellaneous debris and to cut overgrown grass and/or weeds, trees, shrubs and hedges on the property. 6. Chapter 14. Section 14-2, Junked and Abandoned Vehicles. All junked, abandoned and/or unlicensed vehicles, trailers or vessels on any private or public property are prohibited. Failure to remove junked and abandoned vehicles. 7. Chapter 28, Zoning, Section 4.20, Schedule use of regulations. Repair and maintenance of vehicles is not permitted in the RD8000 zoned district, unless minor. Failure to cease motor vehicle repair work on property. 8. Chapter 22, Streets and Sidewalks, Article I, Section 22-1, Buildings to be numbered. Failure to display numbers on front of building. Upon consideration thereof, it is thereupon ORDERED: 1. Respondent, Lois L Strickland : (a) has been found to be in violation of the above described code sections listed in paragraph c.(1) through c.(8). A fine of $ 100.00 per day will begin running 45 days from the date this order is signed by the Code Enforcement Special Magistrate. The City of Dania Beach shall have and recover from Respondent, Lois L Strickland, for the foregoing violations listed in paragraphs c.(1) through c.(8) a fine of Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER # 06-0200 PAGE 3 $100.00 per day, to begin running 45 days from the date this order is signed by the Code Enforcement Special Magistrate. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the Respondent must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Special Magistrate whether Respondent has complied. If the Respondent does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Respondent. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this 1A day of� 12006. CODE ENFORCEMENT SPECIAL MAGISTRATE By Edon Linn, Esq. Notary Seal: Sworn and sub cri ed before me this day of �{� 2006. n g�n'a ) IYIL(J1a�P�� / NOTARY PUBLIC STATE OF FLORIDA Gordon Linn is personally known to me. SRARIANNPEARSON '- Notary Public-State of Florida Commission#Do 31 omissi >�D 8233� Return to: Patricia Varney, Finance Director °;;; City of Dania Beach ea8VNo8orglNotary gran 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER # 06-0200 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondent, Lois L Strickland , this day of�_r 2006. CERTIFIED MAIL 7001 1940 0002 6631 1319 A�I�G CODE ENFORCEMENT SPECIAL MAGISTRATE CLERK Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-0200 Municipal corporation PLAINTIFF, ORDER vs. Lois L. Strickland RESPONDENT SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Special Magistrate, having received the testimony and affidavit of Code Officer Theo Perez on the City's Motion to Confirm Fine held on the 9th day of October 2006, and based on the evidence, the Code Enforcement Special Magistrate enters the following findings of fact and order: 1. That the Special Magistrate did enter on the 18th day of July 2006, a Final Order in the above captioned case commanding the Respondent Lois L Strickland, to bring violations specified in paragraphs (c) 1 through (c) 8 of said Final Order into compliance on or before the 1st day of September 2006, or pay a fine of $100.00 per day thereafter. 2. That said violations occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: TOWN OF DANIA B-49 D LOT 22 BLK 3(#0234 01 0310). SUPPLEMENTAL ORDER #06-0200 3. That the Respondent, Lois L Strickland, did not correct the violations specified in paragraphs (c)1, (c)2, (c)3, (c)4, (c)5, (c)6, (c)7, and (c)8 of the Final Order. 4. It is the order of this Code Enforcement Special Magistrate that the fine specified in said Final Order is hereby confirmed and ratified at $100.00 per day beginning September 1, 2006, and shall accrue at the per diem specified until such time as the Respondent, Lois L. Strickland, shall comply with said Final Order. Upon complying, the Respondent shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Special Magistrate whether Respondent has complied. 5. It is the order of this Code Enforcement Special Magistrate that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by Respondent. DONE ANP ORDERED at Dania Beach, Broward County, Florida, this Day of ' 0VorA hJJL1 2006. N�NIINN,, py��'•0 VM� t I��.saeaFt ft DANIA BEACH CODE ENFORCEMENT IppMWti,2010 SPECIAL M TRATE CNN Or-� S9Y . WL �M� B Gordon Linn, Esq. Sworn to and subscribed before me this, day of d7�Prt, 006, by Gordon Linn, who is personally known to //me. NOTARY PUBLIC STATE OF FLORIDA Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,FI 33004 SUPPLEMENTAL ORDER #06-0200 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondent, Lois L. Strickland, this 3 day of , 2006. CERTIFIED MAIL# 7006 0810 0003 7724 1527 AEG CODE ENFORCEMENT SPECIAL MAGISTRATE CLERK Also sent regular mail Return to: Patricia Vamev 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Fl 33004 t FLORIDA January 27, 2006 LOTS L STRICKLAND Case Number: 06-00000200 206 NW 5TH AVE DANIA BEACH, FL 330042727 Location: 206 NW 5 AVE Folio: 5042-34-01-0310 Legal Description: TOWN OF DANIA B-49 D LOT 22 BLK 3 Dear LOIS L STRICKLAND: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance sec:ion (s) and corrective actions for your reference . You are required to correct the violaticn (s) and call for a re- inspection by February 26, 2006. Failure to comply will result in proceedings against you by the Code Enforcement Special Magistrate, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Special Magistrate for imposition of a fine and lien against the property even if the violation has been corrected prior to the hearing. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. N.�. S.1, rely, E PEREZ CODE INSPECTOR I certify that an original herecf was furnished to the above named addressee by: Certified Mail # 7002 0860 0000 5818 9895 by SHARIANN PEARSON Alsc sent regular mail "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 w .ci.dania-beach.fl.us V1VLAll VIN UL'lAlL Yl-1liC� 1 CASE NUMBER 06-00000200 PROPERTY ADDRESS 206 NW 5 AVE - ---------------- - ------------ ----- ---------- -- ----------- ---- VIOLATION: CH. 8,ARTII , SEC. 8-21 (4) (F) QUANTITY: 1 DESCRIPTION: CH. 8,ARTII , SEC. 8-21 (4) (F) FENC DATE : 1/27/06 LOCATION: NARRATIVE All fences on property must be repaired, replaced, or removed. A permit will be required for replacement . ORDINANCE DESCRIPTION : Violation of Chapter 8, Buildings, Article II , Property Standards; Section 8-21 (4) (f) . Minimum standards . General requirements for all dwellings, dwelling units, hotels, hotel units, and rooming houses. All fences shall be maintained in a good state of repair. ---- ------ ------------- - - --------------- - ---------------- ----- VIOLATION: CH. 8 , ART. II , SEC. 8-21A2G QUANTITY. 1 DESCRIPTION: CH. 8, ART. II , SEC. 8-21A2G DATE: 1/27/06 LOCATION: NARRATIVE The window located to the rear of the house that is boarded up must be made operational . Material covering window must be removed. ORDINANCE DESCRIPTION Violation of Chapter 8 , Article II - Property Standards; Section 8-21 (a) (2) (g) . Minimum Standards for Dwellings, Hotels, and Rooming Houses . Requirements for Ventilation. Every window and exterior door shall be maintained in a good state of repair and be fully operational . --------- - - ------------------------ ------- --- ----- ------ -- ---- VIOLATION: CH. 8,ARTII , SEC. 8-21 (A) SD QUANTITY: 1 DESCRIPTION: CH. 8 ,ARTII , SEC. 8-21 (A) 5D MS DATE: 1/27/06 LOCATION: NARRATIVE The graveled surface in the front yard must be removed and replaced with sod. ORDINANCE DESCRIPTION Violation of Chapter 8 Buidlings, Article II , Property Standards; Section 8-21 (a) (5) d. Minimum standards for dwellings, hotels and rooming houses . Live vegetative material , as determined by the city, shall provide complete coverage of the entire yard area exposed to public view. Height shall conform with all applicable city ordinances . ---------- - --- --------------------- ---- --- --------- -- ---- -- - -- VIOLATION: CH. 13 ,ARTII , SEC. 13-21SN QUANTITY: 1 DESCRIPTION: CH. 13 ,ARTII , SEC. 13-21 SANITARY DATE: 1/27/06 LOCATION: NARRATIVE CONTINUED ViUUt iiuN UtiAlil rr�vn 'CASE NUMBER 06-00000200 PROPERTY ADDRESS 206 NW 5 AVE NARRATIVE : All areas must be cleaned, sanitized and maintained to ensure the environment of any person is not threatened or impaired. ORDINANCE DESCRIPTION Violation of Chapter 13 , Article II , Sanitary Nuisance; Section 13-21 . Property declared to be creating a sanitary nuisance and must be placed into good condition, specifically the area of where work is being performed on the vehicles . Accumulation and presence of soiled surfaces, grease, waste products and/or dirt and grime . - - - - - -- ------------------------------------------------------- VIOLATION: CH. 13 ,ART. II , SEC. 13-34ABC QUANTITY: 1 DESCRIPTION: CH. 13 ,ART, II , SEC. 13-34 A , B, C DATE: 1/27/06 LOCATION: NARRATIVE All trash, garbage, litter or other miscellaneous debris must be removed from property. All grass and/or weeds must be cut , including the abutting rights-of-way and all dead tree branches must be removed from the property. ORDINANCE DESCRIPTION : Violation of Chapter 13 , Health & Sanitation, Article II , Section 13-34 , Prohibitions, (a) , (b) , (c) . It shall be unlawful for any owner or operator of premises within the City to allow the accumulation or to accumulate any garbage, litter, stagnant water, trash, untended vegetation, or to allow any discoloration, or any nuisance as defined in section 13-21 upon the property. Each Owner or Operator of property within the City shall keep such property, and the adjoining unpaved portions of the public rights-of-way, swales and canal banks clean and free from any accumulation of garbage, trash, or litter. The owners and operators of all improved property within the city shall not permit untended vegetation upon such property, and the adjoining portions of the rights-of-way, swales and canal banks . ---- - ----- ------ - --- --- - ------- - --- ------------- - --- ------ ---- VIOLATION: CH. 14 , SEC. 14-2 JUNKED & QUANTITY: 1 DESCRIPTION: CH. 14 , SEC. 14-2 JUNKED & AB VEH DATE : 1/27/06 LOCATION: NARRATIVE There are three cars junked and abandoned and unlicensed vehicle (s) on the subject property. The junked, abandoned and unlicensed vehicles must be removed or placed in operable condition. ORDINANCE DESCRIPTION Violation of Chapter 14 , Section 14-2 ; Junked and Abandoned vehicles, Public Nuisance . The storage or parking of all ViVLH'i'i V1V L1;11d1L YHIiC� S CASE NUMBER 06-00000200 PROPERTY ADDRESS 206 NW 5 AVE ORDINANCE DESCRIPTION : junked, abandoned and/or unlicensed vehicles, trailers or vessels upon any private or public property is prohibited. - -- ------------------- -- - - ---- ------------- ------- ------------ VIOLATION: CH 28 SEC 4 . 2 8000 QUANTITY: 1 DESCRIPTION: CH 28 SEC 4 . 2 8000 DATE : 1/27/06 LOCATION: NARRATIVE All work being performed in violation or ordinance must cease. ORDINANCE DESCRIPTION Violation of Chapter 28, zoning, section 4 . 20 ; schedule of use regulations . The repair and or maintenance of vehicles or vessels is not a permitted use in the RD8000 zoned district unless such repairs or maintenance are minor in nature and do not include/involve engine or parts repair or exchanged any interior or exterior work or alterations . The changing of tires, spark plugs, batteries or oil shall be permitted. --- - ------- ----- -- ------------------ - ----- -- - ----- ------ ------ VIOLATION: CH. 22 ,ART. I , SEC. 22-1 QUANTITY: 1 DESCRIPTION: CH. 22 ,ART. I , SEC. 22-1, STREETS DATE: 1/27/06 LOCATION: NARRATIVE Building numbers must be displayed on front of building, and if property abuts an alleyway, numbers must also be displayed at rear of property so that they are visible to the operator of a motor vehicle traveling through the alleyway. ORDINANCE DESCRIPTION Violation of Chapter 22 , Streets and Sidewalks, Article I , Section 22-1 ; Buildings to be numbered. The city fire marshal requires that the owner of any building in the city shall display the correct street number upon such building. In addition, if a building abuts an alleyway, the owner of each building shall display the correct street number on the building so that the address is visible to the operator of a motor vehicle traveling through alleyway. W H L M V m LL W W (1) 0 V m @C JCL cu CO to m 0 o J O 0 07 W ca 00 J1 H N N N N ❑ � M M r I W v C, e W OQ M M OU 0 N N Li n m a' vv N X O U 0 0 0 o w � cm) E°- z C � w J 000000 w O N N O O O 0 0 U D y0 4M °r° v � C6 O M J L (D O W y LL (O O U o cv awo N ■ � c 0 � co M F z G Y Z O J J m W w N J a W Q U H A LU z J z J Q W ikp V VI G' W_ LyWW U J Q W p J O J ❑ LL w LL W U' U z m n ( o o o z_ z_ w J Y O c g z J m W ❑ ❑ (n m N CO N ❑ Q QJLL' LL' J O H J oIx ? J W O O O J Zw W Q �» o c OLLUWWW g Zo Q❑ ] F, co ) W 2 m QoLLuai ll�J G1 o a�i O J Q' WW O 3 :: N c> N a1 LL N m (n LL LL Q j R. � L ❑ N. O (7 0 (D r2 p CL NO '� N 0 ~ F EO O a CL a ¢ pQ _ U U■ y Wcn N 0 @� W f0 JW WR � o T Wei QNCN � 0 0 LL JQ U 0- iQ w AGENDA REQUEST FORM 3 CITY OF DANIA Date: January 25, 2007 Agenda Item #: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for: Realassist Holding Inc., 5900 SW 25 Avenue, Case #06-0862 Summary Explanation & Background: This was originally cited on May 23, 2006 for 3 violations, and was given 14 days to comply. This went to the Special Magistrate on 9/11/06 for 3 violations. The Special Magistrate issued an order giving the respondent 30 days to comply or a fine of$200.00 per day would be levied. The compliance date was 10/28/06. The fine was confirmed at the 4/09/07 Special Magistrate hearing. The property was brought into compliance on 12/21/07. The fine ran from 10/28/06 through 12/21/07, 419 days @ $200 per day = $83,800.00 plus the recording fee of$176.50 for a total of$83,976.50. At the Special Magistrate hearing on 1/07/08, Special Magistrate Mark Berman recommended an Abatement of$8,300.00 to the City Commission. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Special Magistrate. (2) Copy of the original violation letter issued. (3) Copy of the minutes from the 9/11/06, 4/09/07, and 1/07/08 Special Magistrate hearings. (4) Copy of the lien total sheet. Purchasing Approval: Source of Additional Information: (Name& Phone) Recommended for Approval By: At the 1107108 Special Magistrate hearing, the abatement was recommended to $8,300.00 from the original amount of$83,976.50. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-0862 Municipal Corporation PETITIONER, vs. Realassist Holding Inc RESPONDENT FINAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on September 11 , 2006, after notice. Based upon the evidence presented, the Code Enforcement Special Magistrate makes the following findings of fact and conclusions of law: a. The Code Enforcement Special Magistrate has jurisdiction of the Respondent and the subject matter of this action; And b. Respondent, Realassist Holding Inc, did allow the following code violations to exist at property Respondent owns, located at 5900 SW 25 Ave, which property is legally described as: EMERALD GRDENS 87-42 B LOT 5 (#0232-25-0050): 1. Chapter 8, Article ll, Section 8-21(A) 5 D Minimum Standards. A portion of the yard area exposed to public view does not have live vegetative material. Live vegetative material, as determined by the city, shall provide complete coverage of the entire yard area exposed to public view. 2. Chapter 8, Section 8-21A 5 (A) 3, Maintenance and Appearance Standards. The parking area does not have an approved asphalt, concrete or block surface. A permit for installation is required. All off street parking, parking spaces, and paved areas, including FINAL ORDER #06-0862 PAGE 2 the swale area shall be paved with asphalt or constructed of concrete and shall be of smooth surface and shall be maintained in a state of good repair. 3. Chapter 13, Article II, Section 13-34 A, B, C Health and Sanitation. There is litter, trash, and debris on the property. It shall be unlawful for any owner or operator of premises within the city to allow the accumulation or to accumulate any garbage, litter, debris, trash or untended vegetation. Remove litter and debris from property. Upon consideration thereof, it is thereupon ORDERED: 1. Respondent, Realassist Holding Inc: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) through (3). A fine of $200.00 per day will begin running 60 days from the date this order is signed by the Code Enforcement Special Magistrate. The City of Dania Beach shall have and recover from Respondent, Richard Castle, for the foregoing violations listed in paragraphs b. (1) through (3), a fine of $200.00 per day, to begin running 30 days from the date this order is signed by the Code Enforcement Special Magistrate. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the Respondent must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Special Magistrate whether Respondent has complied. If the Respondent does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a Code Officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Respondent. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. OR RED at Dania Beach, Broward County, Florida, this 1551 day of , 2006. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #06-0862 PAGE 3 CODE ENFORCEMENT SPECIAL MAGISTRATE By: ���C Gordon Linn, Esq. SWIANN PEARSON Notary Seal: = NotaryPublic•Slate of Florido `° �•`:A'NCorrsSonEv"MT'il,zIXk MTj commission#DD 318233 '• ,•,;:` Bonded By National Notary Pssn Sworn and subscribed before me this )( day of 2006. NOTARY PUBLIC STATE OF FLORIDA Gordon Linn is personally known to me. CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondent, Realassist Holding Inc, this day of � 2006. CERTIFIED MAIL # 7004 2510 0003 0646 3081 ACTING CODE ENFORCEMENT SPECIAL MAGISTRATE CLERK cc: Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE COMPLIANCE SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-0862 Municipal corporation PETITIONER, FINAL ORDER vs. REALASSIST HOLDINGS INC RESPONDENT(S) SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Compliance Special Magistrate, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Officer Gary Phaneuf on the City's Motion to Confirm Fine held on the 9`h day of April 2007, and based on the evidence, the Code Compliance Special Magistrate enters the following findings of fact and order: 1. That the Code Compliance Special Magistrate did enter on the 281h day of September 2006, a Final Order in the above captioned case commanding the Respondent(s), Realassist Holdings Inc, to bring violation(s) specified in said Final Order into compliance on or before the 28`h day of SUPPLEMENTAL ORDER #06-0862 October 2006, or pay a fine in the amount of $200.00 per day for each day of non compliance thereafter. 2. That said violation(s) occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: EMERALD GARDENS 87-42 B LOT 5 (0232 25 0050). 3. That the Respondent(s), Realassist Holdings Inc, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Code Compliance Special Magistrate that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the Respondent(s), Realassist Holdings Inc, shall comply with said Final Order. Upon complying, the Respondent(s) shall notify the City's Code Compliance Department and an officer will inspect the property and notify the Code Compliance Special Magistrate whether Respondent(s) has/have complied. 5. It is the order of this Code Compliance Special Magistrate that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by Respondent(s). DONE AND ORDERED at Dania Beach, Broward County, Florida, this Day of {Wry{ 2007. Return to: Patricia Varner 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach. FI 33004 SUPPLEMENTAL ORDER #06-0862 DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE By: — � Mark E. Be an, Esq. Sworn to and subscribed before me this _ day of _, 2007, by Mark E. Berman, who is personally known to me. ••.,,, LESTER GARCIA =•` Notary P�Nc-SteY of FbAda 1y Commauion ExpYM Oct 7S,2070 . Commipbn/ (iDGrl]8 td' OagedTMouphNalbnelNOYryAaarG NOTARY PU/1CTATE OF FLORIDA CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondent(s), Realassist Holdings Inc, this Ll day of 12007. CERTIFIED MAIL # 7006 2760 0004 7017 8553 CODE COMPLI E SPECIAL MAG RATE CLERK Also sent regular mail xc: Realassist Holdings Inc., 8203 SW 124 Street, Miami, FL 33156 Certified Mail # 7006 2760 0004 7017 8560 /sm Return to: Patricia Varney 3 Finance Director City_ of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 Colo( awl z a W. 6 IBM FLORIDA May 23, 2006 REALASSIST HOLDING INC Case Number: 06-00000862 5601 NW 24 AVE FT. LAUDERDALE, FL 33312 Location: 5900 SW 25 AVE Folio: 5042-32-25-0050 Legal Description: EMERALD GARDENS 87-42 B LOT 5 / Dear REALASSIST HOLDING INC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section(s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re- inspection by June 06, 2006. Failure to comply will result in proceedings against you by the Code Enforcement Special Magistrate, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Special Magistrate for imposition of a fine and lien against the property even if the violation has been corrected prior to the hearing. If you require further information or have any questions about the attached violation(s) , please do not hesitate to contact me. Sincere y, GAR PHANEUF CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7001 1940 0002 6631 4365 by HELEN CEASER Also sent regular mail "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 w .ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 CASE NUMBER 06-00000862 PROPERTY ADDRESS 5900 SW 25 AVE - ------ - --------- ------- ----- --- - --- ----------- ---------- ----- VIOLATION: CH. 8,ARTII , SEC. 8-21 (A) 5D QUANTITY: 1 DESCRIPTION: CH. 8 ,ARTII, SEC. 8-21 (A) 5D MS DATE : 5/23/06 LOCATION: NARRATIVE All open spaces not covered by hard surface shall be covered with sod. ORDINANCE DESCRIPTION Violation of Chapter 8 Buidlings, Article II, Property Standards; Section 8-21 (a) (5) d. Minimum standards for dwellings, hotels and rooming houses . Live vegetative material , as determined by the city, shall provide complete coverage of the entire yard area exposed to public view. Height shall conform with all applicable city ordinances . ------------------------------------------- ------------------- VIOLATION: CH 8 , SEC. 8-21 5 (A) 3 QUANTITY: 1 DESCRIPTION: CH 8, SEC.8-21 5 (A) 3 , SWALE DATE : 5/23/06 LOCATION: NARRATIVE All paved areas and/or parking area including the swale must be repaired or replaced and maintained. (Permit required for repaving) ORDINANCE DESCRIPTION : Violation of Chapter 8 , Section 8-21 (5) a3 , Minimum Standards for dwellings, hotels and rooming houses . Maintenance and appearance standards . All off street parking, parking spaces, and paved areas, including the swale area shall be paved with asphalt or constructed of concrete (swale not permitted to be in concrete) and shall be of smooth surface and shall be maintained in a state of good repair. ------------------------------------------- ------------------ - VIOLATION: CH. 13 ,ART. II , SEC. 13-34ABC QUANTITY: 1 DESCRIPTION: CH. 13 ,ART, II , SEC. 13-34 A ,B, C DATE : 5/23/06 LOCATION: NARRATIVE All trash, garbage, litter or other miscellaneous debris must be removed from property. ORDINANCE DESCRIPTION : Violation of Chapter 13 , Health & Sanitation, Article II , Section 13-34, Prohibitions, (a) , (b) , (c) . It shall be unlawful for any owner or operator of premises within the City to allow the accumulation or to accumulate any garbage, litter, stagnant water, trash, untended vegetation, or to allow any discoloration, or any nuisance as defined in section 13-21 upon the property. Each Owner or Operator of property within the City shall keep such property, and the VIOLATION DETAIL rtiva ` ASE NUMBER 06-00000862 ROPERTY ADDRESS 5900 SW 25 AVE ORDINANCE DESCRIPTION : adjoining unpaved portions of the public rights-of-way, swales and canal banks clean and free from any accumulation of garbage, trash, or litter. The owners and operators of all improved property within the city shall not permit untended vegetation upon such property, and the adjoining portions of the rights-of-way, swales and canal banks . W F Q O O NO 0 CO M M M U J N W LL m a a T w rn c w W m (n W O o � JO o W co LIJ F N N a coon r t N N W oo O N (, N N O W a N N (f) Q O Z O Q yOy O CO V Z _ N LL X W N O o Oco o O n O Z m 1J p oo w ` N Q p w M O O O O O O O N 0 0 0 t O W m o0 o . v. r� oo c . U O d N ) N V M n O co N D C U vLL � o u� E O N O M p N N tl R'sY Q W O Y O UJ O a M z O Z ~ Q W = W z y O J N WLU Q J Z m w # pv Nd' WLL Ww U Y W Wp O Jm Z n n LLQwo7CoD w (70O zz z 0 - ro = � zW2Z E a z � W �ooWZ w00 Q: > Q UU ¢ a W O v N w LLI w J LLJE B O O N W s O y O J K W W u JQm Q) N LL W W o N U O op O !n N N W LL �J Q N N L O N M W C (p Q a Q O C: o W �n O O C ' � aaa Qa -° Z O C Nu O N W Q 00 N rLij F J W W A A (n Q N 7 M Z � ¢ a' SOWD O o LU u 0 LL J Q U a J Q W AGENDA REQUEST FORM '3 CITY OF DANIA Date: January 25, 2007 Agenda Item #: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for: Realassist Holdings Inc., 2500 SW 58 Manor, Case #06-1099 Summary Explanation & Background: This was originally cited on July 27, 2006 for 4 violations, and was given 4 days to comply. This went to the Special Magistrate on 10/09/06 for 4 violations. The Special Magistrate issued an order giving the respondent 30 days to comply or a fine of$100.00 per day would be levied. The compliance date was 12/03106. The fine was confirmed at the 4/09/07 Special Magistrate hearing. The property was brought into compliance on 12/21/07. The fine ran from 12/03/07 through 12/21/07, 383 days @ $100.00 per day = $38,300.00 plus the recording fee of$168.00 for a total of$38,468.00. At the 1/07/08 hearing, Special Magistrate Mark Berman recommended an Abatement of$3,850.00 to the City Commission. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Special Magistrate. (2) Copy of the original violation letter issued. (3) Copy of the minutes from the 10/09/06, 4/09/07, and 1/07/08 Special Magistrate hearings. (4) Copy of the lien total sheet. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: At the 1/07/08 Special Magistrate hearing, the abatement was recommended to $3,850.00 from the original amount of$38,468.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-1099 municipal corporation PETITIONER, vs. REALASSIST HOLDINGS INC RESPONDENT FINAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on October 9, 2006, after notice. Based upon the evidence presented, the Code Enforcement Special Magistrate makes the following findings of fact and conclusions of law: a. The Code Enforcement Special Magistrate has jurisdiction of the Respondent and the subject matter of this action; and b. Respondent, Realassist Holdings Inc, did allow the following code violations to exist at property Respondent owns located at 2500 SW 58 Manor, Dania Beach, Florida, which property is legally described as: EMERALD GARDENS 87-42 B LOT 1 (# 0232 25 0010): FINAL ORDER #06-1099 PAGE 2 1. DBCC 13-34 (a) It is unlawful for any owner or operator of premises within the city to allow the accumulation of or to accumulate any garbage, litter, trash, stagnant water, untended vegetation, or to allow any discoloration, or any nuisance as defined in section 13-21 upon the premises. There is litter, trash, debris and untended vegetation on the property. Remove any garbage, litter, trash, stagnant water, untended vegetation, or discoloration, or any nuisance as defined in section 13-21 from the premises and maintain the property in accordance with all applicable city ordinances. 2. DBCC 13-34(b) Each owner or operator of property within the city shall keep such property and the adjoining unpaved portions of the public rights of way, swales, and/or canal banks clean and free from any accumulation of garbage, trash, and litter. There is litter, trash, debris on the abutting right of way of the property. Remove any garbage, trash, and litter from the property and the adjoining unpaved portions of the public rights of way, swales, and/or canal banks. 3. DBCC 13-69(d) Bulk trash must not be out for pick up prior to the Friday that pickups are scheduled. Remove all bulk trash from the subject property until Friday's pick up. 4. DBCC 13-74(c) Garbage carts and all other receptacles should be removed from the right of way and from the front yard no later than dusk of the day of collection. Upon consideration thereof, it is thereupon ORDERED: 1. Respondent, Realassist Holdings Inc: (a) has been found to be in violation of the above described code sections listed in paragraph b.(1) through b.(4) A fine of $100.00 per day will begin running 30 days from the date this order is signed by the Code Enforcement Special Magistrate. The City of Dania Beach shall have and recover from Respondent, Relassist Holdings Inc, for the foregoing violations listed in paragraph b. (1) through b.(4), a fine of $100.00 per day, to begin running 30 days from the date this order is signed by the Code Enforcement Special Magistrate. The fine shall continue until said violations come into compliance with said section of the City Code upon requested inspection. Upon complying, the Respondent must notify the City's Code Enforcement Department and an officer Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #06-1099 PAGE 3 will inspect the property and notify the Code Enforcement Special Magistrate whether Respondent has complied. If the Respondent does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Respondent. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this day of ti� 2006. SHARIANN MWCHAN CODE ENFOR MENT SPECIAL MAGISTRATE �" NiNery punk•Stete of FW& • ,tyCommieelwiEzpRwMgit,2010 s ,�d d Com+dwbn A DO 599306 By N86mal Awn. By: Gordon Linn, Esq. Notary Seal: Sworn and subscribed before me this j day of�kya4AL Qti 2006. -NOTARY PUBLIC STATE OF FLORIDA Gordon Linn is personally known to me. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #06-1099 PAGE CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondent, Realassist Holdings Inc, this 3 day of 2006. CERTIFIED MAIL #7004 2510 0003 0646 4828 q ACTING CODE ENFORCEMENT SPECIAL MAGISTRATE CLERK Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE COMPLIANCE SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-1099 Municipal corporation PETITIONER, FINAL ORDER vs. REALASSIST HOLDINGS INC RESPONDENT(S) SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Compliance Special Magistrate, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Officer Gary Phaneuf on the City's Motion to Confirm Fine held on the 9th day of April 2007, and based on the evidence, the Code Compliance Special Magistrate enters the following findings of fact and order: 1. That the Code Compliance Special Magistrate did enter on the 3'd day of November 2006, a Final Order in the above captioned case commanding the Respondent(s), Realassist Holdings Inc, to bring violation(s) specified in said Final Order into compliance on or before the 3'd day of SUPPLEMENTAL ORDER 406-1099 December 2006, or pay a fine in the amount of $100.00 per day for each day of non compliance thereafter. 2. That said violation(s) occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: EMERALD GARDENS 87-42 B LOT 1 (0232 25 0010). 3. That the Respondent(s), Realassist Holdings Inc, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Code Compliance Special Magistrate that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the Respondent(s), Realassist Holdings Inc, shall comply with said Final Order. Upon complying, the Respondent(s) shall notify the City's Code Compliance Department and an officer will inspect the property and notify the Code Compliance Special Magistrate whether Respondent(s) has/have complied. 5. It is the order of this Code Compliance Special Magistrate that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by Respondent(s). DONE AND ORDERED ERED at Dania Beach, Broward County, Florida, this Day of __ 2007. Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Fl 33004 SUPPLEMENTAL ORDER #06-1099 DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE By. ,M5rk E. term,_F,sq Sworn to and subscribed before me this day of� , 2007, by Mark E. Berman, who is personally known to me. Rt LESTER GARCU s Notary Public•Ste*o1 Fbnda 3dy Commission Expires Oct 18.2010 ? commewn>tooso5s�5 NOTARY PUB STATE OF FLORIDA V,BwWTfrw*NaBoeslNaferyAssn. CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondent(s), Realassist Holdings Inc, this day of _, 2007. CERTIFIED MAIL # 7006 2760 0004 7017 8591 CODE COMPLI CE SPECIAL MA TRATE CLERK Also sent regular mail xc: Realassist Holdings LLC., 5601 NW 24 Avenue, Ft. Lauderdale, FL 33312 Certified Mail # 7006 2760 0004 7017 8607 /sm Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Fl 33004 IMPOSE Cow �� ri, le � FLORIDA July 27, 2006 REALASSIST HOLDINGS INC Case Number: 06-00001099 5601 NW 24 AVE FT. LAUDERDALE, FL 33312 Location: 2500 SW 58 MNR Folio: 5042-32-25-0010- Legal Description: EMERALD GARDENS 87-42 B LOT 1 Dear REALASSIST HOLDINGS INC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference . You are required to correct the violation (s) and call for a re- inspection by July 31, 2006. Failure to comply will result in proceedings against you by the Code Enforcement Special Magistrate, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Special Magistrate for imposition of a fine and lien against the property even if the violation has been corrected prior to the hearing. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me . Sincerely, A• GARY H EUF CODE I PECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mai'_ # 7003 3110 0005 3535 3773 by HELEN CEASER Also sent regular mail "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 vn .ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 CASE NUMBER 06-00001099 PROPERTY ADDRESS 2500 SW 58 MNR - - - - -- -- - - - ------------ --------------------- - --------- -------- VIOLATION: CE013034001001 QUANTITY: 1 ' DESCRIPTION: DBCC 13-34 (a) Nus Accumulation DATE : 7/27/06 LOCATION: ORDINANCE DESCRIPTION DBCC 13-34 (a) states it is unlawful for any owner or operator of premises within the city to allow the accumulation of or to accumulate any garbage, litter, trash, stagnant water, untended vegetation, or to allow any discoloration, or any nuisance as defined in section 13-21 upon the premises . CORRECTIVE ACTION REQUIRED Remove any garbage, litter, trash, stagnant water, untended vegetation, or discoloration, or any nuisance as defined in section 13-21 from the premises and maintain the property in accordance with all applicable city ordinances . -- - -- - - ---------------- -- ---- -------------- - ------------------ VIOLATION: CE013034002001 QUANTITY: 1 DESCRIPTION: DBCC 13-34 (b) Prop & RW Maint DATE : 7/27/06 LOCATION: ORDINANCE DESCRIPTION DBCC 13-34 (b) states each owner or operator of property within the city shall keep such property and the adjoining unpaved portions of the public rights of way, swales, and/or canal banks clean and free from any accumulation of garbage, trash, and litter. CORRECTIVE ACTION REQUIRED : Remove any garbage, trash, and litter from the property and the adjoining unpaved portions of the public rights of way, swales, and/or canal banks . - - - - -- --- - - - ----------- ------------ --------- ------------------ VIOLATION: CE013069004001 QUANTITY: 1 DESCRIPTION: DBCC 13-69 (d) Bulk Trash Sched DATE : 7/27/06 LOCATION: ORDINANCE DESCRIPTION DBCC 13-69 (d) states that bulk trash, as described in 13-69, must not be put out for pickup prior to the Friday immediately preceding the week that pickups are scheduled in the designated area. CORRECTIVE ACTION REQUIRED Remove all bulk trash from the subject property, and put out for pickup no earlier than the Friday immediately preceding the week that pickups are scheduled in the designated area. - - - - -- -- - - - - -- --------- -------- - -------------- - -- --- - --- ----- - VIOLATION: CE013074003002 QUANTITY: 1 DESCRIPTION: DBCC 13-74 (c) Removal of Items DATE : 7/27/06 LOCATION: ORDINANCE DESCRIPTION CONTINUED VIOLATION DETAIL PAGE 2 CASE NUMBER 06-00001099 PROPERTY ADDRESS 2500 SW 58 INWR ORDINANCE DESCRIPTION : DBCC 13-74 (c) states all garbage carts and all other receptacles shall be removed from the right of way and from the front yard no later than dusk of the day of collection. CORRECTIVE ACTION REQUIRED : Insure all garbage carts and all other receptacles are removed from the right of way and from the front yard no later than dusk of the day of collection. > o No O co 07 M V W w N LL O Q Q m r p a o @ o W c a> to m07 Q .1 W W O O m r W m p a 00 0 � � W N a w m W 0 v O c J 0 a p a W m rn W -i n o o w 0 w 0 0 F N N 0 0 0 O N M ¢ 0-0 ;0W o > O W m °�° v J Z Z Z O Q W W F N Z J J w LO w N N LL 2 SU Oiy pQLU r. N W < J ~ I p a N < N O F m o x O O x 0 00 o UYwm o z U o oZ O00 WOoo W u� NQ 0LL0 Ica N J N N W p N W N N U O O M O o a) ZH OC14 00 Oon a Uco � M� V, Q c W EO 0 O w O F 0 o f E m o w Fc O m W L O Y O Y Y C U O O C C C a N N O 41 0 J N N J O O '� w OD LL Ui N M > S 0. 0 � C ` 2 N O ■ O C p 00 Z W 0 O Q(`►Vl JF rqNz ui J0L cYt Q 0o fOm ono ZG LL aA J F Z OE O 0 W F. � FO O LU E 0 w J0z v ALli Q Z N OD CD -C 00 0 Z E0o W ZJ O W J W H wz aa Mzo Q N00¢ Wo o� oDO co d Uc o c o a1 N O'U■ �� O JlJL @ Nm Y UQ NMOO q ZW Nm O JNWO O \ '6 N QNWO Q w0Oa ~ ONp C' ' N �CJN0)WQ W Q W C�w om :jw w . Z OZ Q W � w O LL Lu y U a O J F E O J ¢ I AGENDA REQUEST FORM � � • CITY OF DANIA Date: January 25, 2007 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for: Yacob Thaller, 5813 SW 24 Avenue, Case#06- 1006 Summary Explanation & Background: This was originally cited on July 5, 2006 for 1 violation, and was given 30 days to comply. This went to the Special Magistrate on 10/09/06 for 1 violation. The Special Magistrate issued an order giving the respondent 30 days to comply or a fine of$100.00 per day would be levied. The compliance date was 12/03106. The fine was confirmed at the 3/05/07 Special Magistrate hearing. The property was authorized for foreclosure on 8/20/07. The property was brought into compliance on 9/04/07. On 12/03/07 the abatement was denied. The fine ran from 12/03/06 through 9/04/07, 275 days @ $100.00 per day = $27,500.00 plus the recording fee of$159.50 for a total of$27,659.50. At the 1/07/08 hearing, Special Magistrate Mark Berman recommended an Abatement of$2,750.00 to the City Commission. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Special Magistrate. (2) Copy of the original violation letter issued. (3) Copy of the minutes from the 10/09/06, 3/05/07, 8/20/07, 12/03/07, and 1/07/08 Special Magistrate hearings. (4) Copy of the lien total sheet. Purchasing Approval: Source of Additional Information: (Name& Phone) Recommended for Approval By: At the 1/07108 Special Magistrate hearing, the abatement was recommended to $2,750.00 from the original amount of$27,659.50. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-1006 Municipal Corporation PETITIONER, vs. YACOB THALLER RESPONDENT(S) FINAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on October 9, 2006, after notice. Based upon the evidence presented, the Code Enforcement Special Magistrate makes the following findings of fact and conclusions of law: a. The Code Enforcement Special Magistrate has jurisdiction of the Respondent(s) and the subject matter of this action; And b. Respondent(s), Yacob Thaller, did allow the following code violation(s) to exist at property Respondent(s) own(s), located at 5813 SW 24 Avenue, Dania Beach, Florida, which property is legally described as: LA BEAU ACRES FIRST UNIT 79-37 B LOT 4 S 1/2 (# 0232 19 0040): FINAL ORDER #06-1006 PAGE 2 1. Florida Building Code 104.1, Permits required. Respondent did install the sprinkler system without a valid building permit. Failure to obtain permits for all work or remove all work. Upon consideration thereof, it is thereupon ORDERED: 1. Respondent(s), Yacob Thaller: (a) has/have been found to be in violation of the above described code section(s) listed in paragraph b. (1). A fine of $100.00 per day will begin running 30 days from the date this order is signed by the Code Enforcement Special Magistrate. The City of Dania Beach shall have and recover from Yacob Thaller, for the foregoing violation(s) listed in paragraph b. (1), a fine of $100.00 per day, to begin running 30 days from the date this order is signed by the Code Enforcement Special Magistrate. The fine shall continue until said violation(s) comes/come into compliance with said section(s) of the City Code upon requested inspection. Upon complying, the Respondent(s) must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Special Magistrate whether Respondent(s) has/have complied. If the Respondent(s) does/do not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a Code Officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Respondent(s). In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this �3 day of , 2006. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #06-1006 PAGE 3 CODE 7ENFO�RMENT SPECIAL MAGISTRATE By Gordon Linn, Esq. Notary Seal: amµ swtrturxr rcruN Wn W .sae a flala ComnbelWon Expkee May n,2oto Cnmdeelm N OD 59M Sworn and subscribed before me this ew&d AV N ti l WL day of Z20V t� 2006. NOTARY PUBLIC STATE OF FLORIDA Gordon Linn is personally known to me. CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondent(s), Yacob Thaller, this day of A 6oa2j0bPA i 2006. CERTIFIED MAIL # 7003 1010 0004 8918 6578 -�rGIRY.t O,vn m_J �Y(GULc�1R�J ACTINGCODE ENFORCEMENT SPECIAL MAGISTRATE CLERK CC: First Class Standard Mail FILE COPY Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33D04 CODE COMPLIANCE SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-1006 Municipal corporation PETITIONER, vs. Yacob Thaller RESPONDENT(S) SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Compliance Special Magistrate, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Officer Gary Phaneuf on the City's Motion to Confirm Fine held on the 5th day of March 2007, and based on the evidence, the Code Compliance Special Magistrate enters the following findings of fact and order: 1. That the Code Compliance Special Magistrate did enter on the 3rd day of November 2006, a Final Order in the above captioned case commanding the Respondent(s), Yacob Thaller to bring.violation(s) specified in said Final Order into compliance on or before the 3rd day of December 2006, or SUPPLEMENTAL ORDER #06-1006 pay a fine in the amount of $100.00 per day for each day of non compliance thereafter. 2. That said violation(s) occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: LA BEAU ACRES FIST UNIT 79-37 B LOT 4 S 1/2 (# 0232-19-0040) 3. That the Respondent(s), Yacob Thaller, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Code Compliance Special Magistrate that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the Respondent(s), Yacob Thaller, shall comply with said Final Order. Upon complying, the Respondent(s) shall notify the City's Code Compliance Department and an officer will inspect the property and notify the Code Compliance Special Magistrate whether Respondent(s) has/have complied. 5. It is the order of this Code Compliance Special Magistrate that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by Respondent(s). DONE AN�ORDERED at Dania Beach, Broward County, Florida, this Day of aizc* 2007. Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 Rest Dania Beach Blvd. Dania Beach,Fl 33004 SUPPLEMENTAL ORDER #06-1006 DANIA BEACH CODE COMPLIANCE PECIAL MAGISTRATE (ESTER GARCIA ,io <',- NWery Public-state of Fbdde �' •any Commissbn Expires Oct 18.2010 Commission p DO 606678 Get 1.T. • gnnded Through NationalNotary Assn v Gordon Linn, Esq Sworn to and subscribed before me this � (� day of MA?-c Et 2007, by Gordon Linn, who is personally known to me. f NOTARY PUB STATE OF FLORIDA CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondent(s), Yacob Thaller, this rT(o day of N1gt� 1k , 2007. CERTIFIED MAIL # 7006 2760 0004 7017 3879 CODE COM IANCE SPECIAL MAGISTRATE CLERK Also sent regular mail /hc Return to: Patricia Varney 3 Finance Director Croy of Dania Beach 100 West Dania Beach Blvd. Dania Beach,F1 33004 FLORIDA July 5, 2006 YACOB THALLER Case Number: 06-00001006 5813 SW 24 AVE FT. LAUDERDALE, FL 33312 Location: 5813 SW 24 AVE Folio: 5042-32-19-0040 Legal Description: LA BEAU ACRES FIRST UNIT 79-37 B LOT 4 S1/2 Dear YACOB THALLER: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances. We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re- inspection by August 04, 2006. Failure to comply will result in proceedings against you by the Code Enforcement Special Magistrate, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Special Magistrate for imposition of a fine and lien against the property even if the violation has been corrected prior to the hearing. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me . Sincerely, A• GAR P ANEUF CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7001 1940 0002 6631 by HELEN CEASER Also sent regular mail `Broward's First City' 100 VX'est Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 w .ci.dania-beach.El.us VIOLATION DETAIL PAGE 1 CASE NUMBER 06-00001006 PROPERTY ADDRESS 5813 SW 24 AVE --- - -- --- - ---- ----- -- ---- - ------------------- - --- ------------- VIOLATION: FBC 104 . 1 SPRINKLER SYS QUANTITY: 1 DESCRIPTION: FBC 104 . 1 Sprinkler DATE : 7/05/06 LOCATION: NARRATIVE Obtain required permit (s) and inspection (s) within thirty (30) days or remove all work. ORDINANCE DESCRIPTION : Violation of Chapter 104 . 1 of The Florida Building Code, permits required. Installing sprinkler system without a valid building permit . W F 6 O N(O — o co m r� ro t M O mU- of W a (� m m W m m N c Y O D J O o W m F N N 0 00 m m O O w n � O O W d o (0 r Oca m m X U o O o � o z r ~ N W A l O O O O O O W W N N N O O N U W O N N 00 O O W O C d M M r• a M N U U dam v » a o N O O N N O Q W O O O F F Z O O LO O OLL w 0 J F N m Z `) J r= M W Z z < d J r y w O w J Z WWW w LL w w U D p O W O J O J 0 Z U LL00 y � o O (� O V)N Z Z J LL' W O C 7 � o zJ � W00 J 0 d E 0 O Q m Nz F- � E0 a � ? � woo g O O W Q} O Z QtA rn Wy mQ LLUUU L LQ'j N NQ VS N p w 0 Q w W W W Q U �p N N N ) � uj W LU p 2NQ 00 O ~ O aaaQQ F- oJ N LL O C •� E U o ■ �� Z UL J JQ(� N y0N T R CJy Q YJ- oQ 7 V N aW W Lu ON N Z =� O W 0 2 Q = W OLL Q AGENDA REQUEST FORM ja 3 CITY OF DANIA Date: January 25, 2007 Agenda Item #: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for: Urzule & Nesly Bonny, 721 SW 3 Place, Case#06- 1443 Summary Explanation & Background: This was originally cited on October 12, 2006 for 14 violations, and was given 30 days to comply. This went to the Special Magistrate on 1/08/07 for 14 violations. The Special Magistrate issued an order giving the respondent until 3/09/07 to comply or a fine of$200.00 per day would be levied. At the 5/07/07 hearing, an extension was granted until 6/07/07. The fine was confirmed at the 7/09/07 Special Magistrate hearing. The property was brought into compliance on 9/12/07, The fine ran from 6/07/07 through 9/12/07, 97 days @ $200.00 per day= $19,400.00 plus the recording fee of$158.00 for a total of$19,558.00. At the 12/03/07 hearing, Special Magistrate Gordon Linn ordered the fine abated to $1,940.00 to be paid by February 1, 2008 plus the sidewalk payment. The sidewalk total was 1.620.00 plus the accrued interest, totaling $1,881.09. The respondent requested to have the City Commission set the abatement amount and time frame for payment. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Special Magistrate. (2) Copy of the original violation letter issued. (3) Copy of the minutes from the 1/08/07. 5/07/07, 7/09/07 and 12/03/07 Special Magistrate hearings. (4) Copy of the lien total sheet. (5) Copy of the sidewalk lien total sheet. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: At the 12/03/07 Special Magistrate hearing, the abatement was recommended to $1,940.00 from the original amount of$19,558.00. Plus the outstanding sidewalk lien of$1,881.09, totaling $3,821.09. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE COMPLIANCE SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-1443 Municipal Corporation PETITIONER, vs. Urzule & Nesly Bonny RESPONDENT(S) FINAL ORDER OF THE DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on January 8, 2007, after notice. e Code Compliance Special Magistrate makes ted the p n the evidence presented, P Based upon p the following findings of fact and conclusions of law: a. The Code Compliance Special Magistrate has jurisdiction of the Respondent(s) and the subject matter of this action; And b. Respondent(s), Urzule & Nesly Bonny, did allow the following code violation(s) to exist at property Respondent(s) own(s), located at 721 SW 3 Place, Dania Beach, Florida, which property is legally described as: COLLEGE TRACT 2ND ADD 19-19 B LOT 13 BLK 10 (#5142-03-36-0440): FINAL ORDER #06-1443 PAGE 2 1. DBCC 8-21 (A) (2) (G) Window/Door Maintenance. States every window and exterior door shall be reasonably weathertight, maintained without cracks and holes, and in a good state of repair. Windows are in a state of disrepair. 2. DBCC 8-21 (A) (2) (G) Window Equipment. All windows intended for ventilation must be equipped with fully operable hardware and fitted with screens. The windows are not fitted with screens. 3. DBCC 8-21 (A) (5) (A) 3 Parking. All off street parking spaces shall be paved with asphalt or constructed of concrete or block, and shall be of smooth surface and in good repair. The parking area is not an approved hard surface. 4. DBCC 8-21 (A) (5) (D) Vegetation Material. Live vegetative material shall provide complete coverage of the entire yard exposed to public view, and its height shall conform with all applicable city ordinances. A portion of the yard lacks live vegetative material. 5. DBCC 13-34 (A) Nuisance Accumulation. It is unlawful for any owner or operator of premises within the City to allow the accumulation of garbage, litter, trash, stagnant water, untended vegetation, or to allow any discoloration, or any nuisance as defined in Section 13-21 upon the premises. There is trash, litter and garbage on the property. 6. DBCC 13-34 (B) Property and Right of Way Maintenance. Each owner or operator of property within the City shall keep property and adjoining unpaved portions free from the accumulation of garbage. There is trash and litter on the adjoining right of way. 7. DBCC 13-34 (C) Untended Vegetation. Owners and operators of property shall not permit untended vegetation. There is untended vegetation on the property. 8. DBCC 22-21 Sidewalk Maintenance. Each owner of abutting property shall keep in uniform repair sidewalks in front of abutting property. The sidewalk abutting the property has breaks and is damaged. Upon consideration thereof, it is thereupon ORDERED: 1. Respondent(s), Urzule & Nesly Bonny: Return to Patricia Varney, Finance Director City of Dania Beach 100 W Dania Beach Blvd Dania Beach, Fl- 33004 FINAL ORDER #06-1443 PAGE 3 (a) has/have been found to be in violation of the above described code section(s) listed in paragraphs b. (1) through b. (8). A fine of $200.00 per day will begin running on March 9, 2007. The City of Dania Beach shall have and recover from Respondent(s), Urzule & Nesly Bonny, for the foregoing violation(s) listed in paragraphs b. (1) through b. (8), a fine of $200.00 per day, to begin running March 9, 2007. The fine shall continue until said violation(s) comes/come into compliance with said section(s) of the City Code upon requested inspection. Upon complying, the Respondent(s) must notify the City's Code Compliance Department and an officer will inspect the property and notify the Code Compliance Special Magistrate whether Respondent(s) has/have complied. If the Respondent(s) does/do not notify the City's Code Compliance Department, an officer will not inspect the property and the fine will continue to be imposed each day until a Code Officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Respondent(s). In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this day of NLlA 2007. �,,.., LESTER GARCIA CODE COMP NCE SPECIAL MAGISTRATE Pubic-$IBM d FbridB �� i +� No1sry � _ Cgmiypn Expm Out 16,2010 ;�� 0 DD 80687E / B^WT NaWW+aWAM Gordon Linn, Es Notary Seal: Sworn and subscribed before me this ;)q day of 2007. Return to Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #06-1443 PAGE 4 'f NOTARY PUBLI STATE OF FLORIDA Gordon Linn is personally known to me. CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondent(s), Urzule & Nesly Bonny, this pQ day of 2007. CERTIFIED MAIL #7006 0100 0006 6345 5591 CODE COW DANCE SPECIAL GISTRATE CLERK CC: First Class Standard Mail FILE COPY AMR Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE COMPLIANCE SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-1443 municipal corporation PETITIONER FINAL ORDER vs. URZULE & NESLY BONNY RESPONDENT(S) SUPPLEMENTAL ORDER OF THE DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on May 7, 2007, after notice. Upon the evidence presented, the Code Enforcement Special Magistrate makes the following findings of fact: a. The Code Compliance Special Magistrate has jurisdiction of the Respondent(s) and the subject matter of this action; and b. At a Formal Hearing on January 8, 2007, the Code Compliance Special Magistrate determined that Respondent(s), Urzule & Nesly Bonny, did allow the code violation(s) stated in the Final Order entered January 29, 2007 to exist at property Respondent(s) own(s) located at 721 SW 3 Place, Dania Beach, Florida which property FINAL ORDER #06-1443 PAGE 2 is legally described as: COLLEGE TRACT 2ND ADD 19-19 B LOT 13 BILK 10 (#1203 36 0440). Upon consideration thereof, it is thereupon ORDERED: 1. Respondent(s) Urzule & Nesly Bonny: (a) has/have not complied with the Final Order entered January 29, 2007. A fine of $200.00 per day was scheduled to begin running on March 9, 2007. (b) At the Formal Hearing on May 7, 2007, the City of Dania Beach Code Compliance Special Magistrate has granted Respondent's request for extension on imposition of the fine until June 6, 2007. (c) Except as expressly amended herein this Code Compliance Special Magistrate's order in this case signed January 29, 2007, shall remain in full force and effect. ORDERED at Dania Beach, Broward County, Florida, this aq day of 2007. „• ", LESTER GARCIA •,�.Pva•,,. h NOUry Publb•Sfate of Fbrda DANIA BEACH CODE ENFORCEMENT 94comsonE,Plre�oata.zolo SPECIAL MAGISTRATE ' Commission A DD 606678 �' "�2aR BondedThiough Natlonal NolaryAvn. ;,,�!.�-•� / ... Notary Seal: By: Mark . Berman, Esq. Sworn and subscribed before me this day of 2007. NOTARY PUBLIC ATE OF FLORIDA Mark E. Berman is personally known to me. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #06-1443 PAuLE 3 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondent(s), Urzule & Nesly Bonny, this aq day of , 2007. CERTIFIED MAIL # 7007 0710 0002 4342 0353 CODE COMPLIAhCE SPECIAL MAGISTRATE LERK Also sent first class mail /sm Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE COMPLIANCE SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-1443 Municipal Corporation PETITIONER, FINAL ORDER vs. URZULE & NESLY BONNY RESPONDENT(S) SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Compliance Special Magistrate, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Officer Warren Ostrofsky on the City's Motion to Confirm Fine held on the 91h day of July 2007, and based on the evidence, the Code Compliance Special Magistrate enters the following findings of fact and order: 1. That the Code Compliance Special Magistrate did enter on the 29th day of January 2007, a Final Order in the above captioned case commanding the Respondent(s), Urzule & Nesly Bonny, to bring the violation(s) specified in said Final Order into compliance on or before the gch day of March 2007, or pay a fine in the amount of$200.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER #06-1443 2. That said violation(s) occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: COLLEGE TRACT 2 ND ADD 19-19 B LOT 13 BLK 10 (# 1203 36 0440). 3. That the Respondent(s), Urzule & Nesly Bonny, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Code Compliance Special Magistrate that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the Respondent(s), Urzule & Nesly Bonny, shall comply with said Final Order. Upon complying, the Respondent(s) shall notify the City's Code Compliance Department and an officer will inspect the property and notify the Code Compliance Special Magistrate whether Respondent(s) has/have complied. 5. It is the order of this Code Compliance Special Magistrate that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by Respondent(s). DONE AND ORDERED at Dania Beach, Broward County, Florida, this Day of -Au , 2007. DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE •o.'"„�„ LESTER GARCIA • Ndary 3 y Cairvniesbn Ezplres Oct 18,2070 B �..�,.a'' 1,����Lr�,r�_.i `;�„ ,' Commbsion#DD fi0661B Bonded rnmugn Nationa�RolsryAssn. Gordon Linn, Esq. Sworn to and subscribed before me this day of (q.) Ste, 2007,,/ by Gordon Linn, who is personally known to me. NOTARY PUBLIC STATE OF FLORIDA Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 SUPPLEMENTAL ORDER #06-1443 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondent(s), Urzule & Nesly Bonny t� day of A'j60S'T 2007. CERTIFIED MAIL # 7007 0710 0002 4342 7093 CODE COMPLIA E SPECIAL MAGIS ATE CLERK Also sent regular mail /sm Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, F1 33004 f 12 Addom FLORIDA d` KY,Yiv� ®r October 12, 2006 URZULE & NESLY BONNY Case Number: 06-00001443 1385 SW 106TH AVE PEMBROKE PINES, FL 33025 Location: 721 SW 3 PL Folio: 5142-03-36-0440- Legal Description: COLLEGE TRACT 2ND ADD 19-19 B LOT 13 BLK 10 Dear URZULE & NESLY BONNY: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference . You are required to correct the violation (s) and call for a re- inspection by November 11, 2006. Failure to comply will result in proceedings against you by the Code Enforcement Special Magistrate, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Special Magistrate for imposition of a fine and lien against the property even if the violation has been corrected prior to the hearing. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. SincdYely, THEODO PE CODE I PEC R I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7006 0810 0003 7724 1725 by HELEN CEASER Also sent regular mail `Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 CASE NUMBER 06-00001443 PROPERTY ADDRESS 721 SW 3 PL -------------------------------------------- --------- --------- VIOLATION: CE008021127001 QUANTITY: 1 DESCRIPTION: DBCC 8-21 (a) (2) (g) Win/Door Mn DATE : 10/12/06 LOCATION: ORDINANCE DESCRIPTION DBCC 8-21 (a) (2) (g) states every window and exterior door shall be reasonably weathertight , maintained without cracks and holes, and in a state of good repair. CORRECTIVE ACTION REQUIRED : Insure every window and exterior door is reasonably weathertight, maintained without cracks and holes, and in a state of good repair. Obtain any and all permits and approvals as necessary or required. ----------- -- ----------------------------- - ------------------- VIOLATION: CE008021127002 QUANTITY: 1 DESCRIPTION: DBCC 8-21 (a) (2) (g) Window Equi DATE : 10/12/06 LOCATION: ORDINANCE DESCRIPTION DBCC 8-21 (a) (2) (g) states all windows intended for ventilation must be equipped with fully operable hardware and fitted with screens . CORRECTIVE ACTION REQUIRED : Insure all windows intended for ventilation are equipped with fully operable hardware and fitted with screens . Obtain any and all permits and approvals as necessary or required. -------------------------------------------- -------------- ---- VIOLATION: CE008021141001 QUANTITY: 1 DESCRIPTION: DBCC 8-21 (a) (4) (a) Bldg Cond DATE : 10/12/06 LOCATION: ORDINANCE DESCRIPTION DBCC 8-21 (a) (4) (a) requires foundations, floors, walls, ceilings, roofs, roof surfaces, windows, doors, and all other building parts to be structurally sound, weather proof, water tight , rodent proof, and kept in a state of good repair. CORRECTIVE ACTION REQUIRED Obtain any and all permits and approvals required to repair any foundations, floors, walls, ceilings, roofs, roof surfaces, windows, doors, and/or other building parts to insure they are structurally sound, weather proof, water tight, rodent proof, and in a state of good repair. -------- - --------- ---------- - - - --- - --- --- - - ------- - -------- --- VIOLATION: CE008021151101 QUANTITY: 1 DESCRIPTION: DBCC 8-21 (a) (5) (a) (1) Bldg Mnt DATE : 10/12/06 LOCATION: ORDINANCE DESCRIPTION CONTINUED VIOLATION DETAIL PAGE 2 CASE. NUMBER 06-00001443 PROPERTY ADDRESS 721 SW 3 PL ORDINANCE DESCRIPTION : DBCC 8-21 (a) (5) (a) (1) states the exterior of all premises and every structure thereon, including all parts of the structure and appurtenance where exposed to public view, shall be maintained in good condition and shall not show evidence of deterioration, weathering, discoloration, ripping, tearing, or other holes or breaks . CORRECTIVE ACTION REQUIRED : Insure the exterior of all premises and every structure thereon, including all parts of the structure and appurtenance where exposed to public view, is in good condition and does not show evidence of deterioration, weathering, discoloration, ripping, tearing, or other holes or breaks . Obtain any and all permits and approvals as necessary or required. -------------------------- ---------------- -------------------- VIOLATION: CE008021151201 QUANTITY: 1 DESCRIPTION: DBCC 8-21 (a) (5) (a) (2) Paint DATE: 10/12/06 LOCATION: ORDINANCE DESCRIPTION DBCC 8-21 (a) (5) (a) (2) states all surfaces requiring painting or which are otherwise protected from the elements shall be kept painted or protected, maintained free of graffiti, and be of uniform colors void of any evidence of deterioration. CORRECTIVE ACTION REQUIRED Insure all surfaces requiring painting or which are otherwise protected from the elements are painted or protected, are free of any graffiti, and are uniform in color with no evidence of deterioration. -------------- ------- -- --------- -- -- - ---- ---------------- -- --- VIOLATION: CE008021151301 QUANTITY: 1 DESCRIPTION: DBCC 8-21 (a) (5) (a) (3) Parking DATE : 10/12/06 LOCATION: ORDINANCE DESCRIPTION DBCC 8-21 (a) (5) (a) (3) states all off street parking spaces shall be paved with asphalt or constructed of concrete or block, and shall be of smooth surface and in good repair. CORRECTIVE ACTION REQUIRED : Insure all off street parking spaces are paved with asphalt or constructed of concrete or block, and are of smooth surface and in good repair. Obtain any and all permits and approvals as necessary or required. --------- - ---- --------- -- ----------- -- --- - -- ------------ ------ VIOLATION: CE008021154001 QUANTITY: 1 DESCRIPTION: DBCC 8-21 (a) (5) (d) Vg Material DATE : 10/12/06 LOCATION: ORDINANCE DESCRIPTION CONTINUED VIOLATION DETAIL PAGE 3 CASE NUMBER 06-00001443 PROPERTY ADDRESS 721 SW 3 PL ORDINANCE DESCRIPTION : DBCC 8-21 (a) (S) (d) states live vegetative material shall provide complete coverage of the entire yard area exposed to public view, and its height shall conform with all applicable city ordinances . CORRECTIVE ACTION REQUIRED : Insure live vegetative material provides complete coverage of the entire yard area exposed to public view, and its height conforms with all applicable city ordinances . ----------------------- --------------------------------------- VIOLATION: CE013034001001 QUANTITY: 1 DESCRIPTION: DBCC 13-34 (a) Nus Accumulation DATE : 10/12/06 LOCATION: ORDINANCE DESCRIPTION DBCC 13-34 (a) states it is unlawful for any owner or operator of premises within the city to allow the accumulation of or to accumulate any garbage, litter, trash, stagnant water, untended vegetation, or to allow any discoloration, or any nuisance as defined in section 13-21 upon the premises . CORRECTIVE ACTION REQUIRED Remove any garbage, litter, trash, stagnant water, untended vegetation, or discoloration, or any nuisance as defined in section 13-21 from the premises and maintain the property in accordance with all applicable city ordinances . --- - ---------------------------- ----- ---- - ------------------- - VIOLATION: CE013034002001 QUANTITY: 1 DESCRIPTION: DBCC 13-34 (b) Prop & RW Maint DATE : 10/12/06 LOCATION: ORDINANCE DESCRIPTION DBCC 13-34 (b) states each owner or operator of property within the city shall keep such property and the adjoining unpaved portions of the public rights of way, swales, and/or canal banks clean and free from any accumulation of garbage, trash, and litter. CORRECTIVE ACTION REQUIRED : Remove any garbage, trash, and litter from the property and the adjoining unpaved portions of the public rights of way, swales, and/or canal banks . ---------- - - ------------- ------- -------- - ------- -------- ------ VIOLATION: CE013034003001 QUANTITY: 1 DESCRIPTION: DBCC 13-34 (c) Untended Veg DATE : 10/12/06 LOCATION: ORDINANCE DESCRIPTION DBCC 13-34 (c) states the owners and operators of all VIOLATION DETAIL PAGE 4 CASE .NUMBER 06-00001443 PROPERTY ADDRESS 721 SW 3 PL ORDINANCE DESCRIPTION : improved property within the city shall not permit untended vegetation upon such property and the public rights of way, swales, and/or canal banks . Untended vegetation includes all grass, weeds, and underbrush in excess of eight (8) inches in height from the ground, and any overgrown vines and similar other vegetation. CORRECTIVE ACTION REQUIRED : Cut all untended vegetation and maintain the property and the public rights of way, swales, and/or canal banks as required by code . Insure all grass, weeds, and underbrush are below eight (8) inches in height from the ground, and any overgrown vines and similar other vegetation are removed. ----------------- -------------------------------------- ------- VIOLATION: CE014002001001 QUANTITY: 1 DESCRIPTION: DBCC 14-2 (a) Junk/Abd Vehicles DATE: 10/12/06 LOCATION: ORDINANCE DESCRIPTION DBCC 14-2 (a) states it is unlawful to park, store, have, or permit parking or storage of any junked and abandoned vehicle of any kind or parts thereof upon any private property unless the vehicle is completely enclosed within a building or is in connection with an approved business and licensed as such. CORRECTIVE ACTION REQUIRED Remove any junked and abandoned vehicle (s) or parts thereof, completely enclose the vehicle (s) within a building, or obtain all permits, licenses, and approvals to maintain the vehicle (s) on the subject property. --- - ---- ---------- ----- ------------- - ---- - --------- ---- - ------ VIOLATION: CE015001000001 QUANTITY: 1 DESCRIPTION: DBCC 15-1 License Required DATE : 10/12/06 LOCATION: ORDINANCE DESCRIPTION DBCC 15-1 states it is unlawful for any person to engage in or manage any business in the city without having a license from the city. CORRECTIVE ACTION REQUIRED Cease all unlawful activities and obtain all required licenses and approvals before resuming business operations . ------- ------- ---- -- - -- -- - ------------- - ---------------------- VIOLATION: CE022021000001 QUANTITY: 1 DESCRIPTION: DBCC 22-21 Sidewalk Maint DATE : 10/12/06 LOCATION: ORDINANCE DESCRIPTION VIOLATION DETAIL PAGE 5 CASE NUMBER 06-00001443 PROPERTY ADDRESS 721 SW 3 PL ORDINANCE DESCRIPTION : DBCC 22-21 states it is the duty of each owner of abutting property to construct or reconstruct, and to maintain and keep in uniform repair sidewalks in front of or abutting upon the property. CORRECTIVE ACTION REQUIRED Insure all sidewalks are maintained and in uniform repair, and construct or reconstruct the sidewalks to meet code specifications . Obtain any and all permits and approvals as necessary or required. - ----------------- ----- ----------------- --------- VIOLATION: CE033211000001 QUANTITY: 1 DESCRIPTION: DBCC 33-211 Parking Surface DATE : 10/12/06 LOCATION: ORDINANCE DESCRIPTION DBCC 33-211 states all areas reserved for off street parking shall be hard surfaced in accordance with the specifications of the city. CORRECTIVE ACTION REQUIRED : Insure all parking areas are hard surfaced in accordance with the specifications of the city, and that the areas are inspected and approved prior to use of the premises . 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O o O N Y F• M U N [ .� E Q O Q to a rm Ur J m ° p d ° dQdQ ri Q .. � d N w L i F- LU J (, Q C N - N _ a tJ N F 01L JQ VI F- E ctJQ Tl W AGENDA REQUEST FORM Al • ' / CITY OF DANIA 1 Date: January 25, 2007 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for: Urzule & Nesly Bonny, 713 SW 3 Place, Case#06- 1444 Summary Explanation & Background: This was originally cited on October 12, 2006 for 15 violations, and was given 30 days to comply. This went to the Special Magistrate on 1/08/07 for 15 violations. The Special Magistrate issued an order giving the respondent until 3/09/07 to comply or a fine of$200.00 per day would be levied. At the 5/07/07 hearing, an extension was granted until 5/17/07. The property was brought into compliance on 9/12/07. The fine ran from 5/17/07 through 9/12/07, 118 days @ $200.00 per day = $23,600.00 plus the recording fee of$158.00 for a total of$23.758.00. At the 12/03/07 hearing, Special Magistrate Gordon Linn ordered the fine abated to$2,340.00 to be paid by 2/01/08 plus the sidewalk payment. The fine was confirmed at the 2/04/08 Special Magistrate hearing. The sidewalk total was 1,560.00 plus the accrued interest, totaling $1,810.13. The respondent requested to have the City Commission set the abatement amount and time frame for payment. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Special Magistrate. (2) Copy of the original violation letter issued. (3) Copy of the minutes from the 1/08/07, 5/07/07, 12/03107, and 2/04/08 Special Magistrate hearings. (4) Copy of the lien total sheet. (5) Copy of the sidewalk lien total sheet. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: At the 12/03/07 Special Magistrate hearing,the abatement was recommended to$2,340.00 from the original amount of$23,758.00 plus the outstanding sidewalk lien of$1,810.13, totaling $4,150.13. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE COMPLIANCE SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-1444 Municipal Corporation PETITIONER, vs. Urzule & Nesly Bonny RESPONDENT(S) FINAL ORDER OF THE DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on January 8, 2007, after notice. Based upon the evidence presented, the Code Compliance Special Magistrate makes the following findings of fact and conclusions of law: a. The Code Compliance Special Magistrate has jurisdiction of the Respondent(s) and the subject matter of this action; And b. Respondent(s), Urzule & Nesly Bonny, did allow the following code violation(s) to exist at property Respondent(s) own(s), located at 713 SW 3 Place, Dania Beach, Florida, which property is legally described as: COLLEGE TRACT 2ND ADD 19-19 B LOT 15 BLK 10 (#5142-03-36-0451): FINAL ORDER #06-1444 PAGE 2 1. DBCC 8-21 (A) (5) (A) 1 Building Maintenance. Exterior of all premises and every structure thereon, shall be maintained in good condition and shall not show evidence of deterioration, weathering, discoloration, ripping, tearing, or other holes or brakes. Building exterior in a state of disrepair. 2. DBCC 8-21 (A) (5) (A) (2) All surfaces requiring paint shall be kept painted, maintained free from graffiti and void of any evidence of deterioration. Exterior surface deteriorated and needs painting. 3. DBCC 8-21 (A) (5) (A) 3 Parking. All off street parking spaces shall be paved with asphalt or constructed of concrete or block, and shall be of smooth surface and in good repair. Parking area not an approved hard suraface. 4. DBCC 8-21 (A) (5) (D) Vegetation Material. Live vegetative material shall provide complete coverage of the entire yard exposed to public view, and its height shall conform with all applicable city ordinances. A portion of the yard lacks live vegetation cover. 5. DBCC 13-34 (A) Nuisance Accumulation. It is unlawful for any owner or operator of premises within the City to allow the accumulation of garbage, litter, trash, stagnant water, untended vegetation, or to allow any discoloration, or any nuisance as defined in Section 13-21 upon the premises. There is trash, litter and garbage on the property. 6. DBCC 13-34 (B) Property and Right of Way Maintenance. Each owner or operator of property within the City shall keep property and adjoining unpaved portions free from the accumulation of garbage. There is trash and litter on the adjoining right of way. 7. DBCC 13-34 (C) Untended Vegetation. Owners and operators of property shall not permit untended vegetation. There is untended vegetation on the property. 8. DBCC 13-69(D) Bulk Trash Schedule. Bulk trash must not be put out for pick up prior to the Friday immediately preceding the week that pickups are scheduled in the designated area. Bulk trash was put out at the incorrect time. 9. DBCC 14-2(a) junked and abandoned vehicles. There are junked and abandoned vehicles being parked or stored on the property. The junked and abandoned vehicles must be removed. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #06-1444 PAGE 3 10. DBCC 15-1 License Required. It is unlawful for any person to engage in or manage any business in the City without having a license from the city. A business is operating on the property without an Occupational License. 11. DBCC 22-21 Sidewalk Maintenance. Each owner of abutting property shall keep in uniform repair sidewalks in front of abutting property. The sidewalk abutting the property has breaks and is damaged. 12. DBCC 33-211 Parking Surface. All areas reserved for off street parking shall be hard surfaced. Failure to cover parking area with an approved hard surface. Upon consideration thereof, it is thereupon ORDERED: 1. Respondent(s), Urzule & Nesly Bonny: (a) has/have been found to be in violation of the above described code section(s) listed in paragraphs b. (1) through b. (12). A fine of $200.00 per day will begin running on March 9, 2007. The City of Dania Beach shall have and recover from Respondent(s), Urzule & Nesly Bonny, for the foregoing violation(s) listed in paragraphs b. (1) through b. (12), a fine of $200.00 per day, to begin running March 9, 2007. The fine shall continue until said violation(s) comes/come into compliance with said section(s) of the City Code upon requested inspection. Upon complying, the Respondent(s) must notify the City's Code Compliance Department and an officer will inspect the property and notify the Code Compliance Special Magistrate whether Respondent(s) has/have complied. If the Respondent(s) does/do not notify the City's Code Compliance Department, an officer will not inspect the property and the fine will continue to be imposed each day until a Code Officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Respondent(s). In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County. Florida, this 9011 day of I-ArJQn IAM! 2007. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #06-1444 PAGE 4 CODE COMPL�NCE SPECIAL MAGISTRATE ,,,ti"'. •••, By: LESTERGARCIA / t +n�+eic•S10ofFbrm Gordon Linn, Esq. Y Ca ipi Eon W is,2010 •3,« ¢a`BabedC mbygn 0 DD SW78 Thft0N*WN0WWAiiw Notary Seal: Sworn and subscribed before me this ,)2 day of��o'- _ 2007. f �; NOTARY BLIC STATE OF FLORIDA Gordon Linn is personally known to me. CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondent(s), Ramgoh Sales Co Inc, this d-9 day of Sn�UD� f 2007. CERTIFIED MAIL #7006 0100 0006 6345 5607 CODE CO PLIANCE SPECIAL AGISTRATE CLERK CC: First Class Standard Mail FILE COPY AMR Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE COMPLIANCE SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-1444 municipal corporation PETITIONER FINAL ORDER vs. URZULE & NESLY BONNY RESPONDENT(S) SUPPLEMENTAL ORDER OF THE DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on May 7, 2007, after notice. Upon the evidence presented, the Code Enforcement Special Magistrate makes the following findings of fact: a. The Code Compliance Special Magistrate has jurisdiction of the Respondent(s) and the subject matter of this action; and b. At a Formal Hearing on January 8, 2007, the Code Compliance Special Magistrate determined that Respondent(s), Urzule & Nesly Bonny, did allow the code violation(s) stated in the Final Order entered January 29, 2007 to exist at property Respondent(s) own(s) located at 713 SW 3 Place, Dania Beach, Florida which property FINAL ORDER #06-1444 PAGE 2 is legally described as: COLLEGE TRACT 2ND ADD 19-19 B LOT 15 BLK 10 (#1203 36 0541). Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Respondent(s) Urzule & Nesly Bonny: (a) has/have not complied with the Final Order entered January 29, 2007. A fine of $200.00 per day was scheduled to begin running on March 9, 2007. (b) At the Formal Hearing on May 7, 2007, the City of Dania Beach Code Compliance Special Magistrate has granted Respondent's request for extension on imposition of the fine until May 17, 2007, (c) Except as expressly amended herein this Code Compliance Special Magistrate's order in this case signed January 29, 2007, shall remain in full force and effect. ORDERED at Dania Beach, Broward County, Florida, this a9 day of MA1 2007. LESTER GARCIA �o Notary Public•State of Florida DANIA BEACH CODE ENFORCEMENT. 3.7yCComnssion#D Expires Oct 0616,2010 SPECIAL MAGISTR54T ��` Commission#DD 606676 " Bonded Through National Notary Assn. Notary Seal: By. Kaark E. Berman, Esq. Sworn and subscribed before me this fig_ day of VIA' 2007. NOTARY PUBLIC ATE OF FLORIDA Mark E. Berman is personally known to me. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #06-1444 PAGE 3 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondent(sll),''••Urzule & Nesly Bonny, this �19 day of 2007. CERTIFIED MAIL # 7007 0710 0002 4342 0360 it CODE COMPLI NCE SPECIAL MAGISTRATE LERK Also sent first class mail /sm Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FLORIDA October 12, 2006 URZULE & NESLY BONNY Case Number: 06-00001444 1385 SW 106 AVE PEMBROKE PINES, FL 33025 Location: 713 SW 3 PL Folio: 5142-03-36-0451 Legal Description: COLLEGE TRACT 2ND ADD 19-19 B LOT 15 BLK 10 Dear URZULE & NESLY BONNY: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re- inspection by November 10, 2006. Failure to comply will result in proceedings against you by the Code Enforcement Special Magistrate, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Special Magistrate for imposition of a fine and lien against the property even if the violation has been corrected prior to the hearing. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Sincajly, THEODO E PE Z CODE I EC TOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail ;# 7CD4 2510 GOC3 0646 4736 by ANA RESTP.EPO Also sent regular mail `Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.danfa-beach.ft.us VIOLATION DETAIL PAGE 1 CASE NUN.BER 06-00001444 PROPERTY ADDRESS 713 SW 3 PL - - - ----- -- -- - ------ --- --- - - - -- ---------- --- - - - -- ------ ------- - VIOLATION: CE008021127001 QUANTITY: 1 DESCRIPTION: DBCC 8-21 (a) (2) (g) Win/Door Mn DATE: 10/12/06 LOCATION: ORDINANCE DESCRIPTION DBCC B-21 (a) (2) (9) states every window and exterior door shall be reasonably weathertight, maintained without cracks and holes, and in a state of good repair. CORRECTIVE ACTION REQUIRED : Insure every window and exterior door is reasonably weathertight , maintained without cracks and holes, and in a state of good repair. Obtain any and all permits and approvals as necessary or required. - - --- ---- ---------- ----- - ----------- -- ------- -- -- --- -- --- ---- - VIOLATION: CE008021127002 QUANTITY: 1 DESCRIPTION: DBCC 3-21 (a) (2) (g) Window Equi DATE : 10/12/06 LOCATION: ORDINANCE DESCRIPTION DBCC 8-21 (a) (2) (g) states all windows intended for ventilation must be equipped with fully operable hardware and fitted with screens . CORRECTIVE ACTION REQUIRED : Insure all windows intended for ventilation are equipped with fully operable hardware and fitted with screens . Obtain any and all permits and approvals as necessary or required. ---- ----------------- ----- -- - - -- ----- ------- - - - -------- ------- VIOLATION: CE008021141001 QUANTITY: 1 )ESCRIPTION: DBCC 8-21 (a) (4) (a) Bldg Cond DATE : 10/12/06 LOCATION: ORDINANCE DESCRIPTION DBCC 8-21 (a) (4) (a) requires foundations, floors, walls, ceilings, roofs, roof surfaces, windows, doors, and all other building parts to be structurally sound, weather proof, water tight, rodent proof, and kept in a state of good repair. CORRECTIVE ACTION REQUIRED Obtain any and all permits and approvals required to repair any foundations, floors, walls, ceilings , roofs, roof surfaces, windows, doors, and/or other building parts to insure they are structurally sound, weather proof, water tight, rodent proof, and in a state of good repair. ----- --- --- - - -- -- --- -- --- - VIOLATION: CE005021151101 QUANTITY: 1 )ESCRIPTION: DBCC 8-21 (a) (5) (a) (1` Bldg Mn-- DATE : 10/12/06 LOCATION: ORDINANCE DESCRIPTION CONTINUED VIOLATION DETAIL PAGE 2 CASE NUMBER 06-00001444 PROPERTY ADDRESS 713 SW 3 PL ORDINANCE DESCRIPTION : DBCC 8-21 (a) (5) (a) (1) states the exterior of all premises and every structure thereon, including all parts of the structure and appurtenance where exposed to public view, shall be maintained in good condition and shall not show evidence of deterioration, weathering, discoloration, ripping, tearing, cr other holes or breaks . CORRECTIVE ACTION REQUIRED : Insure the exterior of all premises and every structure thereon, including all parts of the structure and appurtenance where exposed to public view, is in good condition and does not show evidence of deterioration, weathering, discoloration, ripping, tearing, or other holes or breaks . Obtain any and all permits and approvals as necessary or required. - - - -- - - - - -- - - - -- - - -- -- - VIOLATION: CE008021151201 QUANTITY : 1 DESCRIPTION: DBCC 8-21 (a) (5) (a) (2 ) Paint DATE: 10/12/06 LOCATION: ORDINANCE DESCRIPTION DBCC 8-21 (a) (5) (a) (2) states all surfaces requiring painting or which are otherwise protected from the elements shall be kept painted or protected, maintained free of graffiti, and be of uniform colors void of any evidence of deterioration. CORRECTIVE ACTION REQUIRED Insure all surfaces requiring painting or which are otherwise protected from the elements are painted or protected, are free of any graffiti , and are uniform in color with no evidence of deterioration. --- -- ---- -- ------ -- - - - --- ----- --- --- - - -- - - ---- ---- -- --- - -- - -- - VIOLATION: CE008021151301 QUANTITY: 1 DESCRIPTION: DBCC 8-21 (a) (5) (a) (3) Parking DATE: 10/12/06 LOCATION: ORDINANCE DESCRIPTION DBCC 8-21 (a) (5) (a) (3) states all off street parking spaces shall be paved with asphalt or constructed of concrete or block, and shall be of smooth surface and in good repair. CORRECTIVE ACTION REQUIRED : Insure all off street parking spaces are paved with asphalt or constructed of concrete or block, and aze of smooth surface and in good repair. Obtain any and all permits and approvals as necessary or required. --- - --- - - - - -- -- - --- --- --- - -- - - -- ---- ---- -- - - - - - -- - - - --- - - - - - - - VIOLATION: CE008021154001 QUANTITY: 1 )ESCRIPTION: DBCC 8-21 (a) (5) (d) Vg Material DATE: 10/12/06 LOCATION: ORDINANCE DESCRIPTION CONTINUED VIOLATION DETAIL PAGE 3 CASE NUMBER 06-00001444 PROPERTY ADDRESS 713 SW 3 PL ORDINANCE DESCRIPTION : DBCC 8-21 (a) (5) (d) states live vegetative material shall provide complete coverage of the entire yard area exposed to public view, and its height shall conform with all applicable city ordinances . CORRECTIVE ACTION REQUIRED : Insure live vegetative material provides complete coverage of the entire yard area exposed to public view, and its height conforms with all applicable city ordinances . --- -- - - - - -- -- - --- VIOLATION: CE013034001001 QUANTITY: 1 DESCRIPTION: DBCC 13-34 (a) Nus Accumulation DATE: 10/12/06 LOCATION: ORDINANCE DESCRIPTION DBCC 13 -34 (a) states it is unlawful for any owner or operator of premises within the city to allow the accumulation of or to accumulate any garbage, litter, trash, stagnant water, untended vegetation, or to allow any discoloration, or any nuisance as defined in section 13-21 upon the premises . CORRECTIVE ACTION REQUIRED Remove any garbage, litter, trash, stagnant water, untended vegetation, or discoloration, or any nuisance as defined in section 13-21 from the premises and maintain the property in accordance with all applicable city ordinances . - - - ---- ---- VIOLATION: CE013034002001 QUANTITY: 1 DESCRIPTION: D3CC 13-34 (b) Prop & RW Maint DATE: 10/12/06 LOCATION: ORDINANCE DESCRIPTION DBCC 13 -34 (b) states each owner or operator of property within the city shall keep such property and the adjoining unpaved portions of the public rights of way, swales, and/or canal banks clean and free from any accumulation of garbage, trash, and litter. CORRECTIVE ACTION REQUIRED : Remove any garbage, trash, and litter from the property and the adjoining unpaved portions of the public rights of way, swales, and/or canal banks . ---- --- ------ --- - ----- -- -- -- ---- - - - - - - -- -- ---- - -- - - ---- -- --- - - VIOLATION: CE013034003001 QUANTITY: 1 )ESCRIPTION: DBCC 13 -34 (c) Untended Veg DATE : 10/12/06 LOCATION: ORDINANCE DESCRIPTION DBCC 13-34 (c) states the owners and operators of all VIOLATILON DETAIL PAGE 4 CASE NUMBER 06-00001444 PROPERTY ADDRESS 713 SW 3 PT CRDINANCE DESCRIPTION improved property within the city shall not permit untended vegetation upon such property and the public rights of way, swales, and/or canal banks . Untended vegetation includes all grass, weeds, and underbrush in excess of eight (8) inches in height from the ground, and any overgrown vines and similar other vegetation. CORRECTIVE ACTION REQUIRED : Cut all untended vegetation and maintain the property and the public rights of way, swales, and/or canal banks as required by code . Insure all grass, weeds, and underbrush are below eight (8) inches in height from the ground, and any overgrown vines and similar other vegetation are removed. - - - -- -- - -- - --- - - - - - - -- - ---- - - - -- - - - - - - VIOLATION : CE013069004001 QUANTITY : I DESCRIPTION : DBCC 13-69 (d) Bulk Trash Sched DATE : 10/1.2/06 LOCATION : ORDINANCE DESCRIPTION DBCC 13 -69 (d) states that bulk trash, as described in 13-69, must not be put out for pickup prior to the Friday immediately preceding the week that pickups are scheduled in the designated area. CORRECTIVE ACTION REQUIRED Remove all bulk trash from the subject property, and put out for pickup no earlier than the Friday immediately preceding the week that pickups are scheduled in the designated area . --- ----- - - - -- -- - --- -- - ----- - ---- --- - -- --- -- - - - - ------ -- -- -- - -- VIOLATION: CE014002001001 QUANTITY: 1 DESCRIPTION: DBCC 14-2 (a) Junk/Abd Vehicles DATE : 10/12/06 LOCATION: ORDINANCE DESCRIPTION DBCC 14-2 (a) states it is unlawful to park, store, have, or permit parking or storage of any junked and abandoned vehicle of any kind or parts thereof upon any private property unless the vehicle is completely enclosed within a building or is in connection with an approved business and licensed as such. CORRECTIVE ACTION REQUIRED Remove any junked and abandoned vehicle (s) or parts thereof , completely enclose the vehicle (s) within a building, or obtain all permits, licenses, and approvals to maintain the vehicle (s) on the subject property. -- - -- - - - - - - - - - - - - - --- - -- --- - --- -- -- - - - - - - - - - - - - -- - -- - - - - - - - - - - VIOLATION: CE015001000001 QUANTITY : 1 )ESCRIPTION: DBCC 15-1 License Required DATE: 10/12/06 LOCATION: ORDINANCE DESCRIPTION CONTINUED VIOLATION DETAIL PAGE 5 CASE DMBER 06-00001444 PROPERTY ADDRESS 713 SW 3 PL ORDINANCE DESCRIPTION : DBCC 15-1 states it is unlawful for any person to engage in or manage any business in the city without having a license from the city. CORRECTIVE ACTION REQUIRED Cease all unlawful activities and obtain all required licenses and approvals before resuming business operations . -- - -- -- -- - - - - - -- -- - -- VIOLATION: CE022021000001 QUANTITY: 1 DESCRIPTION: DBCC 22-21 Sidewalk Maint DATE : 10/12/06 LOCATION: ORDINANCE DESCRIPTION DBCC 22 -21 states it is the duty of each owner of abutting property to construct or reconstruct , and to maintain and keep in uniform repair sidewalks in front of or abutting upon the property. CORRECTIVE ACTION REQUIRED Insure all sidewalks are maintained and in uniform repair, and construct or reconstruct the sidewalks to meet code specifications . Obtain any and all permits and approvals as necessary or required. - ---- ----- - - - -- - -- --- --- - - -- - - -- - - - --- - - - - -- -- - --- -- - - - ---- - -- VIOLATION: CE033211000001 QUANTITY: 1 )ESCRIPTION: DBCC 33-211 Parking Surface DATE: 10/12/06 LOCATION: ORDINANCE DESCRIPTION DBCC 33-211 states all areas reserved for off street parking shall be hard surfaced in accordance with the specifications of the city. CORRECTIVE ACTION REQUIRED : Insure all parking areas are hard surfaced in accordance with the specifications of the city, and that the areas are inspected and approved prior to use of the premises . Obtain any and all permits and approvals as necessary or required. 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CD M M 0 :( Gd aLLrn W m t0 U m W O 0 00 W m cca, m o W to U o W a a wYoOD X V O O N J Wma � a 3 Cl) +� O O w n LO O O O o M 0 LL p M V q � CN O O N H C C') O W O o N Y to E `° c Q c Q o in � O V E r) O O O O O l l o O CDO O O E r n O O O C O N d o p N N J O fn m 0 m C N Yf o O 0 E 7N � 'p M N O N O o m ,0 F- J E o y m — Q oo o W cm � U E W Z Q O W N J Lo W W � '^ C W Lu Z - J f0 J Q V # p M H ._.. W J J 0 0 J W p O « o i.X IT —Z 0 Z y Z m Z o etf N m p o 'm6 « co 0' 0' W O C a WV _ EL VJOO j G� N W N o W U w ww ¢f rn W > Q W M W 0 dN tM `� d Oy WyLL ZMJy O A � -pO (n coW W ONOo C Z Lp � �L TZ m f7 =' 0r2 m YH o7 U `° o vaaaa c ♦J M uU r. J m o c�i p a N 3 N 0 C � p c ~ U WOQ � W d � N ° a m f � o Z J V, p 3 O W p - t W C v > N C) 0 ILJQ U) F- E ItJQ 2 W AGENDA REQUEST FORM � . 1 CITY OF DANIA p� Date: January 25, 2007 Agenda Item #: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for: Cuba Land Tr., 60 SW 15 Street, Case#06-1575 Summary Explanation & Background: This was originally cited on November 22, 2006 for 11 violations, and was given 15 days to comply. This went to the Special Magistrate on 1/22/07 for 11 violations. The Special Magistrate issued an order giving the respondent until 2/21/07 to comply or a fine of$200.00 per day would be levied. The compliance date was 2/21/07. The fine was confirmed at the 5/07/07 Special Magistrate hearing. The property was brought into compliance on 1/07/08. The fine ran from 2/21/07 through 1/07/08, 320 days @ $200.00 per day = $64,000.00 plus the recording fee of $158.00 for a total of$64,158,00. At the 1/07/08 hearing, Special Magistrate Mark Berman recommended an Abatement of$6,500.00 to the City Commission. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Special Magistrate. (2) Copy of the original violation letter issued. (3) Copy of the minutes from the 1/22/07, 5/07/07, and 1/07/08 Special Magistrate hearings. (4) Copy of the lien total sheet. Purchasing Approval: Source of Additional Information: (Name& Phone) Recommended for Approval By: At the 1/07/08 Special Magistrate hearing, the abatement was recommended to $6,500.00 from the original amount of$64,158.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE COMPLIANCE SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-1575 Municipal Corporation PETITIONER, vs. Cuba Land Tr RESPONDENT(S) FINAL ORDER OF THE DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on January 22, 2007, after notice. Based upon the evidence presented, the Code Compliance Special Magistrate makes the following findings of fact and conclusions of law: a. The Code Compliance Special Magistrate has jurisdiction of the Respondent(s) and the subject matter of this action; And b. Respondent(s), Cuba Land Tr, did allow the following code violation(s) to exist at property Respondent(s) own(s), located at 60 SW 15 St, Dania Beach, Florida, which property is legally described as: NORTH HOLLYWOOD 4-1 B LOT 1 BLK 44(# 1203- 10-5770): FINAL ORDER #06-1575 PAGE 2 1. DBCC 8-21(a) (2) (g) window and doors minimum standards. The windows and exterior doors are in a state of disrepair. Damaged or deteriorated windows and doors must be repaired or replaced. A permit is required for any window or door replacement. 2. DBBC 8-21(a) (2) (g) window and doors minimum standards. Respondent should insure all windows intended for ventilation are equipped with fully operable hardware. Windows lack fully operable hardware. 3. DBCC 8-21 (a) (4) (a) building condition minimum standards. The foundations, floors, walls, ceilings, roofs, roof surfaces, windows, doors, and all other building parts to be structurally sound, weather proof, water tight, rodent proof, and kept in a state of good repair. 4. DBCC 8-21 (a) (4) (f) building minimum standards. The accessory structure on the property is in a state of disrepair. The accessory structure must be repaired, replaced or removed and a permit will be required. 5. DBCC 8-21(a) (5) (a) (1) building maintenance minimum standards. The exterior surface of the structure is deteriorated and must be painted. 6. DBCC 8-21 (a) (5) (a) (2) building maintenance minimum standards. All surfaces requiring painting or which are otherwise protected from the elements shall be kept painted or protected, maintained free of graffiti, and be of uniform colors. 7. DBCC 13-34(a) health and sanitation nuisance. There is untended vegetation on the premises. All grass and/or weeds on the property must be cut. 8. DBCC 13-34 (b) health and sanitation nuisance. There is trash and litter on the property and on the swale area. Remove any garbage, trash, and litter from the property and the adjoining unpaved portions of the public rights of way and swale area. 9. DBCC 13-34 (c) health and sanitation minimum standards. There is untended vegetation on the premises and the abutting right Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #06-1575 PAGE 3 of way. All grass and/or weeds must be cut including abutting rights of way. 10. DBBC 22-21 (d) sidewalk maintenance minimum standards. It is the duty of the property owner of abutting property to construct or reconstruct and to maintain and keep in uniform repair sidewalks in front of or abutting upon the property. The sidewalk abutting the property is broken and in a state of disrepair. Upon consideration thereof, it is thereupon ORDERED: 1. Respondent(s), Cuba Land Tr: (a) has/have been found to be in violation of the above described code section(s) listed in paragraphs b.(1) through (10). A fine of $200.00 per day will begin running on February 21, 2007. The City of Dania Beach shall have and recover from Respondent(s), Cuba Land Tr, for the foregoing violation(s) listed in paragraphs b.(1) through (10), a fine of $200.00 per day beginning on February 21, 2007. The fine shall continue until said violation(s) comes/come into compliance with said section(s) of the City Code upon requested inspection. Upon complying, the Respondent(s) must notify the City's Code Compliance Department and an officer will inspect the property and notify the Code Compliance Special Magistrate whether Respondent(s) has/have complied. If the Respondent(s) does/do not notify the City's Code Compliance Department, an officer will not inspect the property and the fine will continue to be imposed each day until a Code Officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Respondent(s). In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this O day of 2007. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #06-1575 PAGE 4 LESTER WCIA CODE COMPLIANT.E,5;PECI?�,L},MAGISTRATE ,.``. x t s Wa Pupk'SfAle of 1� /'� �'A 4 '�•�:: _? % mod Cw nwWm$DD OW70 / eoneednrownnA'" By. MarkT Berman`; Esq. Notary Seal: S�yorn and subscribed before me this 75 day of �3i�v��-j 2007. �f NOTARY P LIC STATE OF FLORIDA Mark E Berman is personally known to me. CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondent(s), Cuba Land Tr, this 8 day of 3 W z , 2007. CERTIFIED MAIL # 7006 2760 0004 7017 3046 r CODE C9&IPLIANCE SPECIAL MAGISTRATE CLERK CC: First Class Standard Mail FILE COPY he Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE COMPLIANCE SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-1575 Municipal corporation PETITIONER, FINAL ORDER vs. CUBA LAND TRUST RESPONDENT(S) SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Compliance Special Magistrate, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Officer Warren Ostrofsky on the City's Motion to Confirm Fine held on the 7th day of May 2007, and based on the evidence, the Code Compliance Special Magistrate enters the following findings of fact and order: 1. That the Code Compliance Special Magistrate did enter on the 8ch day of February 2007, a Final Order in the above captioned case commanding the Respondent(s), Cuba Land Trust, to bring violation(s) specified in said Final Order into compliance on or before the 215t day of February 2007, or SUPPLEMENTAL ORDER #06-1575 pay a fine in the amount of $200.00 per day for each day of non compliance thereafter. 2. That said violation(s) occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: NORTH HOLLYWOOD 4-1 B LOT 1 BILK 44 (#1203 10 5770). 3. That the Respondent(s), Cuba Land Trust, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Code Compliance Special Magistrate that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the Respondent(s), Cuba Land Trust, shall comply with said Final Order. Upon complying, the Respondent(s) shall notify the City's Code Compliance Department and an officer will inspect the property and notify the Code Compliance Special Magistrate whether Respondent(s) has/have complied. 5. It is the order of this Code Compliance Special Magistrate that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by Respondent(s). DONE AND ORDERED at Dania Beach, Broward County, Florida, this Q-9 Day of h_, 2007. DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE r By.�.,r Ma" .,Berman, Esq. Sworn to and subscribed before me this day of 2007, by Mark E. Berman, who is personally known to me. Return to: Patricia Varnev 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 SUPPLEMENTAL ORDER #06-1575 LESTER GARCIA NOTARJPULIC STATE OF FLORIDA Notary Public•State of Fbrida Y Commission Expkes Oct 18.2010 Comminan#DD 606678 T hN8b*NalaryAM CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondent(s), Cuba Land Trust, this day of 2007. CERTIFIED MAIL # 7007 0710 0002 4342 0407 CODE COMPLIANCE SPECIAL MAGISTR E CLERK Also sent regular mail /sm xc: Cuba Land Trust c/o Alexa Alvarez, 2520 SW 22"d Street, Suite 2-126, Miami, FL 33145 Certified Mail 4 7007 0710 0002 4342 0414 Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Fl 33004 m , FLORIDA November 22, 2006 CUBA LAND TR Case Number: 06-00001575 60 SW 15 ST DANIA BEACH, FL 33004 Location: 60 SW 15 ST Folio: 5142-C3-10-5770 Legal Description: NORTH HOLLYWOOD 4-1 B LOT 1 BLK 44 Dear CUBA LAND TR: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re- inspection by December 07, 2006. Failure to comply will result in proceedings against you by the Code Enforcement Special Magistrate, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Special Magistrate for imposition of a fine and lien against the property even if the violation has been corrected prior to the hearing. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me . Sincerely, W. WARREN OSTROFSKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7006 0810 0003 7724 1923 by ANA RESTREPO Also sent regular mail "Broward's First City" 100\Vest Dania Beach Boulevard, Dania Beach, Fionda 33004 Phone: (954) 924-3600 vxxnv.daniabeachflgoc VIOLATION DETAIL PAGE 1 ^ASE NUMBER 06-00001575 PROPERTY ADDRESS 60 SW 15 ST - - --- ----- -- - -- -- --- ----- - - -- -- - - ---- - ---- ------ - - ---- --- ----- VIOLATION: CE008021127001 QUANTITY: 1 DESCRIPTION: DBCC 8-21 (a) (2) (g) Win/Door Mn DATE : 11/22/06 LOCATION: ORDINANCE DESCRIPTION DBCC 8-21 (a) (2) (g) states every window and exterior door shall be reasonably weathertight , maintained without cracks and holes, and in a state of good repair. CORRECTIVE ACTION REQUIRED : Insure every window and exterior door is reasonably weathertight , maintained without cracks and holes, and in a state of good repair. Obtain any and all permits and approvals as necessary or required. - ---- -- ---- ------ --- -- ------- - VIOLATION: CE008021127002 QUANTITY: 1 DESCRIPTION: DBCC 8-21 (a) (2) (g) Window Equi DATE : 11/22/06 LOCATION: ORDINANCE DESCRIPTION DBCC 8-21 (a) (2) (g) states all windows intended for ventilation must be equipped with fully operable hardware and fitted with screens . CORRECTIVE ACTION REQUIRED : Insure all windows intended for ventilation are equipped with fully operable hardware and fitted with screens . Obtain any and all permits and approvals as necessary or required. ---- - ---- ---- -- ------ ----- - - -- --- -- -- ---- - ---- -- ----- -------- - VIOLATION: CE008021141001 QUANTITY: 1 ' DESCRIPTION: DBCC 8-21 (a) (4) (a) Bldg Cond DATE : 11/22/06 LOCATION: ORDINANCE DESCRIPTION DBCC 8-21 (a) (4) (a) requires foundations, floors, walls, ceilings, roofs, roof surfaces, windows, doors, and all other building parts to be structurally sound, weather proof, water tight, rodent proof, and kept in a state of good repair. CORRECTIVE ACTION REQUIRED Obtain any and all permits and approvals required to repair any foundations, floors, walls, ceilings, roofs, roof surfaces, windows, doors, and/or other building parts to insure they are structurally sound, weather proof, water tight, rodent proof , and in a state of good repair. -- - - - -- ---- - - -- -- -- -- -- - -- --- - ------------ - -- - - -- - --- - -- -- --- - VIOLATION: CE008021146001 QUANTITY: 1 )ESCRIPTION: DBCC 8-21 (a) (4) (f) Acc Struct DATE : 11/22/06 LOCATION: ORDINANCE DESCRIPTION CONTINUED VIOLATION DETAIL PAGE 2 CASE NUMBER 06-00001575 PROPERTY ADDRESS 60 SW 15 ST ORDINANCE DESCRIPTION : DBCC 8-21 (a) (4) (f) states every accessory structure shall be kept in a clean and sanitary condition, free from rodents, vermin, and infestations . CORRECTIVE ACTION REQUIRED : Insure every accessory structure is kept in a clean and sanitary condition, and free from rodents, vermin, and infestations . ------------------- -- - - - --------- ---- ----- -- - - --------- -- ----- VIOLATION: CE008021151101 QUANTITY: 1 DESCRIPTION: DBCC 8-21 (a) (5) (a) (1) Bldg Mnt DATE: 11/22/06 LOCATION: ORDINANCE DESCRIPTION DBCC 8-21 (a) (5) (a) (1) states the exterior of all premises and every structure thereon, including all parts of the structure and appurtenance where exposed to public view, shall be maintained in good condition and shall not show evidence of deterioration, weathering, discoloration, ripping, tearing, or other holes or breaks . CORRECTIVE ACTION REQUIRED : Insure the exterior of all premises and every structure thereon, including all parts of the structure and appurtenance where exposed to public view, is in good condition and does not show evidence of deterioration, weathering, discoloration, ripping, tearing, or other holes or breaks . Obtain any and all permits and approvals as necessary or required. -------- -- - ----- -------- -- -- -- - ---- ------ VIOLATION: CE008021151201 QUANTITY: 1 DESCRIPTION: DBCC 8-21 (a) (5) (a) (2) Paint DATE: 11/22/06 LOCATION: ORDINANCE DESCRIPTION DBCC 8-21 (a) (5) (a) (2) states all surfaces requiring painting or which are otherwise protected from the 'elements shall be kept painted or protected, maintained free of graffiti, and be of uniform colors void of any evidence of deterioration. CORRECTIVE ACTION REQUIRED Insure all surfaces requiring painting or which are otherwise protected from the elements are painted or protected, are free of any graffiti , and are uniform in color with no evidence of deterioration. ' ------ --- - - -- -- -- -- - - - -- -- - - -- ---- - - - ---- - --- - ------------ - - -- VIOLATION: CE008021154001 QUANTITY: 1 DESCRIPTION: DBCC 8-21 (a) (5) (d) Vg Material DATE : 11/22/06 LOCATION: ORDINANCE DESCRIPTION CONTINUED VIOLATION DETAIL PAGE 3 CASE NUMBER 06-00001575 PROPERTY ADDRESS 60 SW 15 ST ORDINANCE DESCRIPTION : DBCC 8-21 (a) (5) (d) states live vegetative material shall provide complete coverage of the entire yard area exposed to public view, and its height shall conform with all applicable city ordinances . CORRECTIVE ACTION REQUIRED : Insure live vegetative material provides complete coverage of the entire yard area exposed to public view, and its height conforms with all applicable city ordinances . ---- - ---- - ---- - - ------- - - ------- VIOLATION: CE013034001001 QUANTITY: 1 DESCRIPTION: DBCC 13-34 (a) Nus Accumulation DATE: 11/22/06 LOCATION: ORDINANCE DESCRIPTION DBCC 13 -34 (a) states it is unlawful for any owner or operator of premises within the city to allow the accumulation of or to accumulate any garbage, litter, trash, stagnant water, untended vegetation, or to allow any discoloration, or any nuisance as defined in section 13-21 upon the premises . CORRECTIVE ACTION REQUIRED Remove any garbage, litter, trash, stagnant water, untended vegetation, or discoloration, or any nuisance as defined in section 13-21 from the premises and maintain the property in accordance with all applicable city ordinances . -- -- - ------- ---- ------- - - --- -- --------- --- -- - ------ -- ------ -- - VIOLATION: CE013034002001 QUANTITY: 1 DESCRIPTION: DBCC 13-34 (b) Prop & RW Maint DATE : 11/22/06 LOCATION: ORDINANCE DESCRIPTION DBCC 13-34 (b) states each owner or operator of property within the city shall keep such property and the adjoining unpaved portions of the public rights of way, swales, and/or canal banks clean and free from any accumulation of garbage, trash, and litter. CORRECTIVE ACTION REQUIRED : Remove any garbage, trash, and litter from the property and the adjoining unpaved portions of the public rights of way, swales, anal/or canal banks . ---- --- - -- - - --- - -------- - - ------- --- ----------- ---- -- ----- --- - VIOLATION: CE013034003001 QUANTITY: 1 DESCRIPTION: DBCC 13-34 (c) Untended Veg DATE : 11/22/06 LOCATION: ORDINANCE DESCRIPTION DBCC 13-34 (c) states the owners and operators of all VIOLATION DETAIL PAGE 4 ASE NUMBER 06-00001575 ROPERTY ADDRESS 60 SW 15 ST ORDINANCE DESCRIPTION : improved property within the city shall not permit untended vegetation upon such property and the public rights of way, swales, and/or canal banks . Untended vegetation includes all grass, weeds, and underbrush in excess of eight (8) inches in height from the ground, and any overgrown vines and similar other vegetation. CORRECTIVE ACTION REQUIRED : Cut all untended vegetation and maintain the property and the public rights of way, swales, and/or canal banks as required by code . Insure all grass, weeds, and underbrush are below eight (8) inches in height from the ground, and any overgrown vines and similar other vegetation are removed. - -- - -- ---- - --- ------- -- -- - - --- --- -- - -- - - - --- - - - ---- -- - -- - - -- - VIOLATION: CE022021000001 QUANTITY: 1 ESCRIPTION: DBCC 22-21 Sidewalk Maint DATE : 11/22/06 LOCATION: ORDINANCE DESCRIPTION DBCC 22-21 states it is the duty of each owner of abutting property to construct or reconstruct , and to maintain and keep in uniform repair sidewalks in front of or abutting upon the property. CORRECTIVE ACTION REQUIRED Insure all sidewalks are maintained and in uniform repair, and construct or reconstruct the sidewalks to meet code specifications . Obtain any and all permits and approvals as necessary or required. W r o (N'J p > o D m M M L M V NL a) 0] U o Q N N � Q d mm w O 10 Q Y. (�© W O � 0 b -10 wm n w ~ N Q O W N LU Q t� w a o 0 N v O Y o O N (i to LO U g � o � o v- � z w N J O O O O O O O O W O O w N O O O O m .0 O a N CO O C co, W y 0 M N M N U V yii � o V W o 0 0 Q o ■ �� F Z O Un O LL K Z w O m Z > T7 W O w D Z D O J a W W J J O N O Z J Z J Qm W p M w p J O J W Z OE y LL w w LL W 00 W O O O N Z_ z_ OO C 7 0 w z F J w 0 0 J 0 Z J Q 0 o w z J W O O g Q 1 C p U LL U U U �? o0 W 00 Q) w w w zr� Oy � s 00 m c a ww ¢ v 1 = W j « 0 u ry 06 LL w w O J O = V O RN C ^ Wwww OWWWOLLW O p N O o 0 ~ " £ R ¢ Q Q Q O D VilnaU � z w LL u CZ Ua aaa ¢ Q o ■ Z c O c� 0 U W o � w r, N > y � Z � Q � aMN O Q N d V / O w 0 O N o` � Jac 0 J Q W LL J Q V a AGENDA REQUEST FORM 3 ' CITY OF DANIA Date: March 7, 2007 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for: Front Water Investments -LC, 4607 SW 44 Avenue, Case#07-0103 Summary Explanation & Background: This was originally cited on January 16, 2007 for 11 violations, and was given 30 days to comply. This went to the Special Magistrate on 4/09/07 for 11 violations. The Special Magistrate issued an order giving the respondent until 6/09/07 to comply or a fine of$150.00 per day would be levied. At the 8/20/07 hearing the fine was confirmed. The property was brought into compliance on 2/16/08. The fines ran from 6/09/07 through 2/16/08, 252 days @ $150.00 per day = $37,800.00 plus the recording fee of$124.00 for a total of$37,924.00. At the 3l3/08 hearing, the amount was abated to $7,500.00 as recommended to the commission by Special Magistrate Mark Berman. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Special Magistrate. (2) Copy of the original violation letter issued. (3) Copy of the minutes from the 4/09/07, 8/20/07, and 3/03/08 Special Magistrate hearings. (4) Copy of the lien total sheet. Purchasing Approval: Source of Additional Information: (Name &Phone) Recommended for Approval By: At the 3/3/08 Special Magistrate hearing,the abatement was recommended to$7,500.00 from the original amount of$37,924.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE COMPLIANCE SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 07-0103 municipal corporation PETITIONER vs. Front Water Investments LLC RESPONDENT(S) FINAL ORDER OF THE DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on April 9, 2007, after notice. Based upon the evidence presented, the Code Compliance Special Magistrate makes the following findings of fact and conclusions of law: a. The Code Compliance Special Magistrate has jurisdiction of the Respondent(s) and the subject matter of this action; and b. Petitioner, City of Dania Beach, and Respondent(s), Front Water Investments LLC, executed a Stipulation which is approved by the Code Compliance Special into this order b reference. Magistrate and incorporated Y Magis orated i p C. Respondent(s), Front Water Investments LLC, did allow the following code violations to exist at property Respondent(s) own(s) located at 4607 SW 44 Avenue, FINAL ORDER # 07-0103 PAGE 2 Dania Beach, Florida, which property is legally described as: GRIFFIN NEW RIVER PLAT 159-18 PARCEL B (# 0125-28-0020 ) : 1. DBCC 8-22 Al Minimum Standards. Exterior of buildings shall be kept free of nuisances. Failure to remove balloon hanging from tree. 2. DBCC 13-34 (a) Nuisance accumulation. There is untended vegetation on the premises. All grass and weeds must be cut. 3. DBCC 13-34 (b) Health and Sanitation Nuisance. Each owner or operator of property within the city shall keep such property and the adjoining unpaved portions of the public rights of way, swales, and/or canal banks clean and free from any accumulation of garbage, trash, and litter. There is trash and litter on the property and right of way. 4. DBCC 13-34 (c) Untended Vegetation. Owners of property shall not allow untended vegetation upon property. Failure to cut vegetation. 5. DBCC 14-2A Junked/abandoned vehicles. It is unlawful to park vehicles on property unless vehicle is enclosed. There is a junked and abandoned vehicle on the property. Failure to place updated tag on car. 6. DBCC 15-1 License Required. It is unlawful for any person to engage in or manage any business within the City without a license from the City. A business is operating on the property. Failure to have occupational license. 7. DBCC 22-1 Building numbers. Building must display street numbers. Failure to display missing numbers. 8 DBCC 28-4.20D Prohibited Use. Uses not listed in the Schedule of Regulations is prohibited in all zoning districts. There is exterior storage of items on the property. 9. DBCC 33-211 Parking Surface. All areas reserved for off street parking shall be hard surfaced according to City specifications. The parking area is not an approved hard surface. Upon consideration thereof, it is thereupon ORDERED: 1 . Respondent(s), Front Water Investments LLC: Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER # 07-0103 PAGE 3 (a) has/have been found to be in violation of the above described code section(s) listed in paragraph c.(1) through c.(9). A fine of $150.00 per day will begin running on June 9, 2007. The City of Dania Beach shall have and recover from Respondent(s), Front Water Investments LLC, for the foregoing violations listed in paragraphs c.(1) through c.(9), a fine of $150.00 per day, to begin running June 9, 2007. The fine shall continue until said violation(s) come(s) into compliance with said section(s) of the City Code upon requested inspection. Upon complying, the Respondent(s) must notify the City's Code Compliance Department and an officer will inspect the property and notify the Code Compliance Speci al Magistrate whether Respondent(s) has/have complied. If the Respondent(s) does/do not notify the City's Code Compliance Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Respondent(s). In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this L-day of 2007. CODE COMPLIANCE SPECIAL MAGIST ATE (ESTER GARCIA / `c Notary Pubk.State of Florida y s Caemoaio^Eow Oct to,2o10 aft,,i COmmai x DD 6W78 Mark Ber fan, Esq. rtngh National NotaryAaen. Notary Seal: Sworn and subscribed before me this day of 2007. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER 07-0103 PAGE4 4 NOTARY PU IC STATE OF FLORIDA Mark Berman is personally known to me. CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondent(s), Front Water Investments LLC, this ( day of 2007. CERTIFIED MAIL # 7006 2760 0004 7018 2505 CODE CO PLIANCE SPECIAL fAAGISTRATE CLERK Also sent first class mail amr Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE COMPLIANCE SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 07-0103 Municipal Corporation PETITIONER, FINAL ORDER vs. FRONT WATER INVESTMENTS LLC RESPONDENT(S) SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Compliance Special Magistrate, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Officer Mike Moreno on the City's Motion to Confirm Fine held on the 20�h day of August 2007, and based on the evidence, the Code Compliance Special Magistrate enters the following findings of fact and order: 1. That the Code Compliance Special Magistrate did enter on the 4th day of May 2007, a Final Order in the above captioned case commanding the Respondent(s), Front Water Investments LLC, to bring the violation(s) specified in said Final Order into compliance on or before the gth day of June 2007, or pay SUPPLEMENTAL ORDER #07-0103 a fine in the amount of$150.00 per day for each day of non compliance thereafter. 2. That said violation(s) occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: GRIFFIN NEW RIVER PLAT 159-18B PARCEL B (# 0125 28 0020). 3. That the Respondent(s), Front Water Investments LLC, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Code Compliance Special Magistrate that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the Respondent(s), Front Water Investments LLC, shall comply with said Final Order. Upon complying, the Respondent(s) shall notify the City's Code Compliance Department and an officer will inspect the property and notify the Code Compliance Special Magistrate whether Respondent(s) has/have complied. 5. It is the order of this Code Compliance Special Magistrate that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by Respondent(s). DONE AND ORDERED at Dania Beach, Broward County, Florida, this Day of Ski M tom— , 2007. DANIA BEACH CODE COMPLIANCE gar oia., (ESTER GARCIA SPECIAL MAGIST SATE f„ •moo � Notary Public-State of Fbdda • :My Commission Expires Oct 18.2010 Commission#OD 605618 Bonded Through National Notary Assn. By: Mi h Kra Esq. Sworn to and subscribed before me this ao day of S�pi'r3OZ-2 , by Mitch Kraft, who is personally known to me. NOTARY PUBLIC STA OF FLORIDA Retunn to: Patricia Varney 2 B Finance Director / City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, F1 33004 SUPPLEMENTAL ORDER #07-0103 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondent(s), Front Water Investments LLC, this ao day of SEP M-13gzr— 2007. CERTIFIED MAIL # 7001 1940 0002 6631 9506 CODE COMPLIANC SPECIAL MAGISTRVCLERK Also sent regular mail xc: Front Water Investments LLC, 13602 SW 24 Street, Davie, FL 33325 Certified Mail # 7001 1940 0002 6631 9513 /sm Return to: Patricia Varney 3 Finance Director Citv of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 V9/ FLORIDA 3 January 16, 2007 FRONT WATER INVESTMENTS LLC Case Number: 07-00000103 13602 SW 24 ST PLANTATION, FL 33325 Location: 4607 SW 44 AVE Folio: 5041-25-28-0020- Legal Description: GRIFFIN NEW RIVER PLAT 159-18 PARCEL B Dear FRONT WATER INVESTMENTS LLC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re- inspection by February 15, 2007 . Failure to comply will result in proceedings against you by the Code Enforcement Special Magistrate, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Special Magistrate for imposition of a fine and lien against the property even if the violation has been corrected prior to the hearing. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Sincerely, liut'k A cOtwj MIKE MORENO CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7006 2760 0004 7017 2964 by HELEN CEASER Also sent regular mail "Broward's First City" 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 Phone: (954) 924-3600 x1%%vdaniabeachtl.gov VIOLATION DETAIL PAGE 1 CASE NUMBER 07-00000103 PROPERTY ADDRESS 4607 SW 44 AVE ---- ----------------------- ------------------ ----- ------------ VIOLATION: CE008022110001 QUANTITY: 1 DESCRIPTION: DBCC 8-22 (a) (1) Comm Maint DATE: 1/16/07 LOCATION: ORDINANCE DESCRIPTION DBCC 8-22 (a) (1) states the exterior of the buildings and structures shall be kept free of all nuisances, unsanitary conditions, and any hazards to the safety of the occupants, customers, pedestrians and other persons utilizing the premises. CORRECTIVE ACTION REQUIRED Insure the exterior of the buildings and structures are free of all nuisances, unsanitary conditions, and any hazards to the safety of the occupants, customers, pedestrians and other persons utilizing the premises . Obtain any and all permits and approvals as necessary or required. -------------------------------------------------------------- VIOLATION: CE013034001001 QUANTITY: 1 DESCRIPTION: DBCC 13-34 (a) Nus Accumulation DATE: 1/16/07 LOCATION: ORDINANCE DESCRIPTION DBCC 13-34 (a) states it is unlawful for any owner or operator of premises within the city to allow the accumulation of or to accumulate any garbage, litter, trash, stagnant water, untended vegetation, or to allow any discoloration, or any nuisance as defined in section 13-21 upon the premises . CORRECTIVE ACTION REQUIRED Remove any garbage, litter, trash, stagnant water, untended vegetation, or discoloration, or any nuisance as defined in section 13-21 from the premises and maintain the property in accordance with all anpiicable city ordinances . --- - - ------ --------------------- - --- -- ----------- - ------ -- -- - - VIOLATION: CE013034002001 QUANTITY: 1 DESCRIPTION: DBCC 13-34 (b) Prop & RW Maint DATE: 1/16/07 LOCATION: ORDINANCE DESCRIPTION DBCC 13-34 (b) states each owner or operator of property within the city shall keep such property and the adjoining unpaved portions of the public rights of way, swales, and/or canal banks clean and free from any accumulation of garbage, trash, and litter. CORRECTIVE ACTION REQUIRED : Remove any garbage, trash, and litter from the property and the adjoining unpaved portions of the public rights of way, VIOLATION DETAIL PAGE 2 CASE NUMBER 07-00000103 PROPERTY ADDRESS 4607 SW 44 AVE CORRECTIVE ACTION REQUIRED : swales, and/or canal banks . -------------------------------------------------------------- VIOLATION: CE013034003001 QUANTITY: 1 DESCRIPTION: DBCC 13-34 (c) Untended Veg DATE: 1/16/07 LOCATION: ORDINANCE DESCRIPTION DBCC 13-34 (c) states the owners and operators of all improved property within the city shall not permit untended vegetation upon such property and the public rights of way, swales, and/or canal banks . Untended vegetation includes all grass, weeds, and underbrush in excess of eight (8) inches in height from the ground, and any overgrown vines and similar other vegetation. CORRECTIVE ACTION REQUIRED : Cut all untended vegetation and maintain the property and the public rights of way, swales, and/or canal banks as required by code . Insure all grass, weeds, and underbrush are below eight (8) inches in height from the ground, and any overgrown vines and similar other vegetation are removed. -- ------------- - ----------- ------ -------- --------------------- VIOLATION: CE013075310001 QUANTITY: 1 DESCRIPTION: DBCC 13-75 (c) (10) Dumpster Vio DATE: 1/16/07 LOCATION: ORDINANCE DESCRIPTION DBCC 13-75 (c) (10) requires all dumpsters to include a top-loaded cover which shall remain closed at all times except when in use. No garbage, refuse, or waste may be located anywhere on the site except in a dumpster designed and approved for such temporary storage purpose. CORRECTIVE ACTION REQUIRED : Insure all dumpster (s) have a top-loaded cover which is closed at all times except when in use. In addition, insure that there is no garbage, refuse, or waste located anywhere on the site except in the dumpster (s) . --------- ------- --- -------- -------- -------------------------- - VIOLATION: CE014002001001 QUANTITY: 1 DESCRIPTION: DBCC 14-2 (a) Junk/Abd Vehicles DATE: 1/16/07 LOCATION: ORDINANCE DESCRIPTION DBCC 14-2 (a) states it is unlawful to park, store, have, or permit parking or storage of any junked and abandoned vehicle of any kind or parts thereof upon any private property unless the vehicle is completely enclosed within a building or is in connection with an approved business and VIOLATION DETAIL PAGE 3 CASE NUMBER 07-00000103 PROPERTY ADDRESS 4607 SW 44 AVE ORDINANCE DESCRIPTION licensed as such. CORRECTIVE ACTION REQUIRED Remove any junked and abandoned vehicle (s) or parts thereof, completely encl%se the vehicle (s) within a building, or obtain all permits, licenses, and approvals to maintain the vehicle (s) on the subject property. - - - - ----------------------- ----- --- ----- ------ ------------- --- VIOLATION: CE015001000001 QUANTITY: 1 DESCRIPTION: DBCC 15-1 License Required DATE: 1/16/07 LOCATION: ORDINANCE DESCRIPTION DBCC 15-1 states it is unlawful for any person to engage in or manage any business in the city without having a license from the city. CORRECTIVE ACTION REQUIRED Cease all unlawful activities and obtain all required licenses and approvals before resuming business operations . --- -------------------- --------------------- ------ ------------ VIOLATION: CE022001000001 QUANTITY: 1 DESCRIPTION: DBCC 22-1 Bldg Numbers (Front) DATE : 1/16/07 LOCATION: ORDINANCE DESCRIPTION DBCC 22-1 states any building in the city must display the correct street number upon such building . CORRECTIVE ACTION REQUIRED : Insure the building has and displays the correct street number upon the building and that it is visible from the right of way. - - ------- ------- ----- - - ---------------- ----- - - ---- ------- -- -- - VIOLATION: CE028004020401 QUANTITY: 1 DESCRIPTION: DBCC 28-4 . 20 (d) Prohibited Use DATE : 1/16/07 LOCATION: ORDINANCE DESCRIPTION DBCC 28-4 . 20 (d) states any use not specifically listed in the Schedule of Regulations as a permitted use or a special exception use is prohibited in all zoning districts . CORRECTIVE ACTION REQUIRED : Cease and desist all unpermitted/prohibited uses on the subject property. Contact the inspector listed for further explanations and/or instructions . -- -- - --------- - - - - ---- - -------- --------- --- - - -- - -- --- - - -- - - -- - VIOLATION: CE028028060001 QUANTITY: 1 DESCRIPTION: DBCC 28-28 . 060 Prohibited Sign DATE : 1/16/07 LOCATION: ORDINANCE DESCRIPTION CONTINUED VIOLATION DETAIL PAGE 4 CASE NUMBER 07-00000103 PROPERTY ADDRESS 4607 SW 44 AVE ORDINANCE DESCRIPTION : DBCC 28-28 . 060 states it is unlawful to erect, cause to be erected, maintain, or cause to be maintained any sign that is not specifically permitted, exempted, or authorized by the code. CORRECTIVE ACTION REQUIRED Remove any and all prohibited signs from the subject property. Contact the inspector listed for further explanations and/or instructions . ---------------------------------- - ---------------------------- VIOLATION: CE033211000001 QUANTITY: 1 DESCRIPTION: DBCC 33-211 Parking Surface DATE: 1/16/07 LOCATION: ORDINANCE DESCRIPTION DBCC 33-211 states all areas reserved for off street parking shall be hard surfaced in accordance with the specifications of the city. CORRECTIVE ACTION REQUIRED : Insure all parking areas are hard surfaced in accordance with the specifications of the city, and that the areas are inspected and approved prior to use of the premises . Obtain any and all permits and approvals as necessary or required. 09 - 0103 DETAILED INSPECTION REPORT DATE: JAN 10,2007 CASE #: FOLIO#: 5041 2528 0020 ADDRESS: 4607 SW 44 AVE OWNER: FRONT WATER INVESTMENTS LLC Storing of steel shipping containers on your property is prohibited. Stacking of vehicles is prohibited. The illegal balloon must be removed from the rooftop. Also any outside Storage materials,pallets, or boats are prohibited. 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